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Written by Admin
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Monday, 02 June 2008 18:00 |
On March 7, 2008 the Riverside County Sheriff’s Department Jurupa Valley Station Community Action Team, in conjunction with the Bureau of Alcohol, Tobacco, Firearms, and Explosives executed a weapons violation search warrant at Bright Spot Pawn in Glen Avon. The search was based upon false information that sales of illegal AK-47 “assault weapons” were occurring from the location. After hours of administering the search warrant on Bright Spot Pawn, ten AK-47 style firearms were seized that were alleged to be “assault weapons” in violation of California Law. Seeking attention for the seizure, the Riverside County Sheriff’s Department issued a press release announcing that “ten AK-style assault weapons were seized that were in violation of California law.“ The only problem, however, was that the firearms were not “assault weapons.”
Currently, there are three types of “assault weapons.” The first type of “assault weapons” are those identified in the California Penal Code by make and model. The second type of “assault weapons” are those deemed to be “series” type “assault weapons,” essentially firearms identical to the AK-47 or Colt AR-15 model firearms. This vague standard was the subject of much controversy due to the subjective nature of the statute. The ambiguity of whether or not a firearm is a “series” type led the Supreme Court to limit the application of this second category of “assault weapon” laws. In Harrott v. County of Kings, the Supreme Court held that “in order to have any other semiautomatic firearms declared assault weapons within the meaning of section 12276, the Attorney General must utilize the add-on procedure set forth in section 12276.5.” In other words, series type firearms must be listed in the Code of Regulations in order to be deemed “assault weapons.” The third type of “assault weapon” is determined by a generic features test based upon the characteristics of the firearm.
The firearms seized from Bright Spot Pawn were alleged to be “AK-47 style” series “assault weapons.” The firearms seized, however, were not listed. After further investigation of the “assault weapon” laws, the Harrott ruling in hand in hand, the Riverside County Sheriff’s Department took the honorable and lawful route of returning the firearms last week – a route not taken often enough other law enforcement agencies that mis-interpret California’s complex firearm laws.
Bright Spot Pawn is currently working with their lawyers to seek a public retraction of their false statements that ten “assault weapons were seized in violation of California law.” Such false claims have had an impact on the business and reputation of Bright Spot Pawn in the community. Whether the Department will stand-up and correct their baseless claims remains to be seen.
Bright Spot Pawn and Trutanich-Michel, LLP extend their thanks and gratitude for those members of CalGuns.net that supported, both financially and morally, Bright Spot Pawn in their efforts to educate local law enforcement on the issue of "assault weapons" and have their firearms returned.
Jason A. Davis
TRUTANICH - MICHEL, LLP
Attorneys at Law
Los Angeles Office
180 East Ocean Blvd.
Suite 200
Long Beach. California 90802
Phone: (562) 216-4458
Fax: (562) 216-4445
Website: www.tmllp.com
Gun law information: www.calgunlaws.com |
