PDA

View Full Version : CALIFORNIA MILITANT DETAINED


deerollman
March 04, 2007, 14:37
sorry if this is a double post. i am assuming the illegal weapons were illegal per Cali law. i didnt realize one needed a permit for black powder.

http://www.cnn.com/2007/US/03/02/ammo.found.ap/index.html

Sgt_Gold
March 04, 2007, 22:20
Some local levels of government have their own laws or regulations regarding black powder. In NY state you can have a black powder pistol without having a pistol license. If you want to shoot it, (i.e. buy powder), you need to register the pistol on your license. 75 pounds of any gunpowder in your house probably violates any number of fire codes in any number of places.

Fr8dawg
March 04, 2007, 22:38
Originally posted by deerollman
sorry if this is a double post. i am assuming the illegal weapons were illegal per Cali law. i didnt realize one needed a permit for black powder.

http://www.cnn.com/2007/US/03/02/ammo.found.ap/index.html

I'll bet you the deed to your house that there is no such thing as an "illegal weapon".

W.E.G.
March 04, 2007, 22:40
Yes, there are already TWO threads on this topic on this board.

The feds take jurisdiction over black powder at the 50-pound break point. Under federal law, you can never have more than 50 pounds of low explosives in a residential structure. Period.

According to what I've read about this particular Kali jurisdiction, their local fire code limits to 20 pounds black powder in a residence.

I kinda feel sorry for the guy. But, there has to come a time when you are filling your house up with all this stuff that you gotta take a step back and ask yourself, "What if somebody comes in here and finds this?"

Well, somebody sure did find it, and now he's completely fokked.

BTW, I'm still not completely convinced that he had 75 pounds of BLACK powder. I saw some powder containers in the video, and they looked like SMOKELESS powder to me. Smokeless powder is not classified as an explosive under federal law. Therefore, the smokeless powder would be regulated by the local fire code. Judging from the large sizes of the smokeless containers, he probably was in violation of the fire code on that too.

Ordinarily, I wouldn't expect the courts to be too hard on somebody for a mere code/quantity violation. But, ol' Tom happened to have a FIRE around all that gunpowder. That's a bad combination of facts. Then there are the "unregistered assault rifles." Dumb-ass law. But, Tom will be raked over the coals for that too. I read somewhere too that he had "illegal" ammo "over .60 caliber." I think they probably meant over .50 caliber - unless he's got some 40mm rounds laid up in there. IIRC, Kali banned .50 cal for civilian possession. That's gonna leave a mark on Tom too.

I feel really bad for Tom, even though he sure as hell wasn't using much common sense on managing his gear.

workerunit
March 04, 2007, 22:50
he will likely have to end up pleading to a couple of felonys and serving a few months in the county lockup.and of course he will never be able to legally have so much as a popgun again.the cops will pick through his things and take what they want and destroy the rest.his nieghbors will shun him which is not going to be a problem as his lawyers and the state will take his home away from him.

Fr8dawg
March 04, 2007, 22:51
Originally posted by W.E.G.
Yes, there are already TWO threads on this topic on this board.

The feds take jurisdiction over black powder at the 50-pound break point.

I read somewhere too that he had "illegal" ammo "over .60 caliber."

OMG, two firearms threads on a non-firearm discussion section of the forum...egads and gadzooks.

Jurisdiction? Judges have jurisdiction. Are you saying that federal judges went down there and weighed that stuff and arrested that guy? Dang...judges be sumpin else now days. Pray tell, how are those judges going to be the advocate for the defendant as the "impartial finder of fact" during the trial, now that they used their jurisdictional judgeship powers to weigh in on arresting that dude. That could get very confusing.

Fr8dawg
March 04, 2007, 22:56
Originally posted by workerunit
his nieghbors will shun him...

Which is their Christian right to do so. But that's ok, if he moves to another town he can apply for welfare when he gets out of prison and then the Christians that didn't know him from his old neighborhood will have something to complain about as well.

Hahahahahahaha...not only that, but he can't vote now, so he'll just have to lump it...because we silencer him.

W.E.G.
March 04, 2007, 23:04
Originally posted by Fr8dawg


OMG, two firearms threads on a non-firearm discussion section of the forum...egads and gadzooks.

Jurisdiction? Judges have jurisdiction. Are you saying that federal judges went down there and weighed that stuff and arrested that guy? Dang...judges be sumpin else now days. Pray tell, how are those judges going to be the advocate for the defendant as the "impartial finder of fact" during the trial, now that they used their jurisdictional judgeship powers to weigh in on arresting that dude. That could get very confusing.

Don't post when you're toast.

deerollman
March 04, 2007, 23:31
Originally posted by Fr8dawg


I'll bet you the deed to your house that there is no such thing as an "illegal weapon".

what?

Fr8dawg
March 04, 2007, 23:37
Originally posted by deerollman


what?

You said...

Originally posted by deerollman...sorry if this is a double post. i am assuming the illegal weapons were illegal per Cali law. i didnt realize one needed a permit for black powder.

I'm telling you right now, that if you have a house, I will bet you the deed to your house that there is no such thing as an "illegal weapon". If you do not possess a deed to a house, I'll take the title to any dual wheel pickup truck that you own or in absense of that, the title to your T-Bird.

There is no such thing as an "illegal weapon". Only news media people and whuffos use that phrase.

Fr8dawg
March 04, 2007, 23:39
Originally posted by W.E.G.


Don't post when you're toast.

Find the statute or federal code that defines a police officer's arrest authority as "jurisdiction". I have never seen such a thing...if you find it for me, you'll be the first.

Windustsearch
March 04, 2007, 23:47
Federal? LOL. While your at it could you bring me the bacon stretcher?

Fr8dawg
March 04, 2007, 23:56
Originally posted by Windustsearch
Federal? LOL. While your at it could you bring me the bacon stretcher? Regardless...courts (judges) have jurisdiction to hear a case, police have authorized arrest powers.

Next time you are fishing with an FBI agent, ask him if he has the authority to arrest a person for allegedly committing a state misdemeanor crime when a citizen tugs on his shirt sleeve and tells him about it.

W.E.G.
March 05, 2007, 00:26
Thank you for your erudite legal analysis Professor Fr8dawg.

Have another drink.

Fr8dawg
March 05, 2007, 00:33
Originally posted by W.E.G.
Thank you for your erudite legal analysis Professor Fr8dawg.

Have another drink.

Hahahahaha...I usually accept "semantics" as a safety word...erudite will work as well.

Goderator
March 05, 2007, 09:37
Originally posted by Fr8dawg


OMG, two firearms threads on a non-firearm discussion section of the forum...egads and gadzooks.

Jurisdiction? Judges have jurisdiction. Are you saying that federal judges went down there and weighed that stuff and arrested that guy? Dang...judges be sumpin else now days. Pray tell, how are those judges going to be the advocate for the defendant as the "impartial finder of fact" during the trial, now that they used their jurisdictional judgeship powers to weigh in on arresting that dude. That could get very confusing.

ju·ris·dic·tion /ˌdʒʊrɪsˈdɪkʃən/ Pronunciation Key - Show Spelled Pronunciation[joor-is-dik-shuhn] Pronunciation Key - Show IPA Pronunciation
–noun
1. the right, power, or authority to administer justice by hearing and determining controversies.
2. power; authority; control: He has jurisdiction over all American soldiers in the area.
3. the extent or range of judicial, law enforcement, or other authority: This case comes under the jurisdiction of the local police.
4. the territory over which authority is exercised: All islands to the northwest are his jurisdiction.
[Origin: 1250–1300; ME < L jūris dictiōn- s. of jūris dictiō (see jus, diction); r. ME jurediccioun < OF juredicion < L, as above]

Fr8dawg,

I am not sure what you are drinking or smoking, but after reading several of your posts it must be something good (or bad, depending on one's point of view).

If you don't have something useful to add to a thread, then don't post, it's pretty simple.

http://www.falfiles.com/forums/showthread.php?postid=1846714#post1846714

With posts like that, I really have to seriously wonder WTF you're on, and why the hell did they give internet access to people in the asylum?

PS: If you're going to respond to posts in German, then at least learn how to spell simple words like "Nien" in it.

Bruce Allen
March 05, 2007, 10:32
School is now in session:


Jurisdiction
From Wikipedia, the free encyclopedia


In law, jurisdiction (from the Latin ius, iuris meaning "law" and dicere meaning "to speak") is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility.

As a topic, jurisdiction draws its substance from Public International Law, Conflict of Laws, Constitutional Law and the powers of the executive and legislative branches of government to allocate

Types of Judicial Jurisdiction
There are three main types of judicial jurisdiction, personal (personam), territorial (locum), and subject matter (subjectam):

Personal - Authority over a person, regardless of his location.
Territorial - Authority confined to a bounded space, including all those present therein, and events which occur there.
Subject Matter - Authority over the subject of the legal questions involved in the case.
For jurisdiction to be complete, a court must have a concurrence of subject matter jurisdiction with either personal or territorial jurisdiction. The territorial jurisdiction is critical, on the principle that courts enforce laws which are territorial in their authority.
end


1. In any criminal matter where law enforcement officers/police are involved and indeed prosecute violators the first issue at hand in any court/trial proceedings is the establishment of (TA-DA) JURISDICTION.
This is a must, and if it cannot be established the officer was within their area of jurisdiction (read here area of authority to arrest) the case is dismissed outright and rightly so, and may actually be deemed an illegal/unlawful arrest.

2. It is all important because prosecution cannot occur if an arresting officer has made a case/arrest outside his/her jurisdiction.

3. Among the first thing taught to rookie police officers is their physical boundary of legal authority (granted by the governmental agency they are employed by)

4. Police authority is granted to legitimate members of the body of law enforcement/police of the governing body, and may be controlled by training and certification by the State within which the governing body is located - specifically including municipalities, counties and state law enforcement.
This authority is generally granted by State Constitution or State Law.

5. In general a police officer/LEO may operate only within the boundaries of his jurisdiction. See #1 and 2 for why.

Jurisdiction is a huge issue in legal matters, especially when it comes to criminal prosecution and generally always has been, to the point of near paranoia at times.

6. Lately there are exceptions to police jurisdictions because of Multi-jurisdictional Task Forces and Mutual Aid Agreements between different nearby governing bodies like two cities that are near each other.

7. In many states police can arrest for felonies outside their jurisdiction, mostly because the state has laws granting all citizens the right to arrest for felonies, as is the case in South Carolina.

School is out.

hagar
March 05, 2007, 10:57
The biggest mistake he made was staying in kakafornia and not moving to Idaho if he was into these kind of toys, and getting found out.

It's nice to have a stash of guns and ammo, but if you do, make sure you follow the letter of the law. Your insurance company can probably deny a claim based on a silly little thing like having one more pound of powder than legally allowed. If you have more, go rent a storage locker, and bury the machine guns in the desert.:wink:

deerollman
March 05, 2007, 12:20
i still cant figure out what he was trying to say, other than : all guns are legal. i think most peoplle would disagree, for better or worse.

Mr_Krebbs
March 05, 2007, 12:39
Originally posted by Goderator
PS: If you're going to respond to posts in German, then at least learn how to spell simple words like "Nien" in it.

Since we're talking about spelling, it's "nein." The rhyme "I before E, except after C" only applies in English and sometimes not even then.

Radio
March 05, 2007, 16:06
...or as used like "A" such as "neighbor" and "weigh".

HAHAHAHAHAHAHAHAHAHAHHAHAHA

My favorite is, "Though the tough cough and hiccough, plough him through."

(Respectful nod to RAH)

--Radio

deerollman
March 05, 2007, 20:43
apparitional aborigine abolitionist:biggrin:

came up with that one the other day, with the help of a misunderstood tool lyric

Windustsearch
March 05, 2007, 22:47
Tool rules.

deerollman
March 05, 2007, 22:58
Originally posted by Windustsearch
Tool rules.

"so light in his way, like an apparition he..."

i dont think anyone got that lyric right! sounds JUST like aborigine.

Goderator
March 05, 2007, 22:58
Originally posted by Mr_Krebbs


Since we're talking about spelling, it's "nein." The rhyme "I before E, except after C" only applies in English and sometimes not even then.

I'm well aware of how to properly spell in german, Fr8dawg is not and this is why I quoted his mis-spelling, go read the thread referenced and you'll see he's the one who needs the spelling help. He's been mis-spelling german in several of his posts and I found it amusing that he mis-spelled a simple word like NEIN.

Fr8dawg
March 06, 2007, 00:14
Originally posted by deerollman
i still cant figure out what he was trying to say, other than : all guns are legal. i think most peoplle would disagree, for better or worse.

All guns are legal, it is their possession which is regulated. The same goes for "illegal drugs". Read the Controlled Substances Act of 1970, it don't say a single thing about "illegal drugs". But it do talk a lot about regulation of the possession, transfer of possession, manufacture and import/export of "controlled substances". In fact, you'd almost be able to go so far as to say that the Controlled Substances Act of 1970 "legalizes" drugs.

gunseller
March 06, 2007, 10:26
Possession of all firearms is legal. Just read the 2nd admendment. Big brother through the power we have let him have may put you in jail for having some firearms that he does not think you should have. Remember the 2nd admendment just restates a god given right not one granted by the government.
Steve

deerollman
March 06, 2007, 17:00
gotcha, i didnt realize we were going that far down the semantics hole.