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Owning assault gun, growing pot are immoral, California court says

Discussion in 'Legal & Political Archive' started by Bigfoot, Feb 12, 2012.

  1. Bigfoot

    Bigfoot Clack Co. OR Well-Known Member

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    California, the state that releases thousands of convicts onto the streets without any supervision rules that a HISTORY of possessing semi-auto rifles and growing pot show moral turpitude. BTW both are legal in CA with the proper permits and/or small changes ie: bullet button. Doesn't that show that those CA laws are immoral? He had a permit to grow medical marijuana but he exceeded the limit on adult plants. So the guy had some stolen goods, 11 more plants (assuming they were all adults) than permitted, and a couple boxes of 22LR and gets 4 years in prison. All because he once had a semi-auto rifle that wasn't CA legal.

    Owning assault gun, growing pot are immoral, court says | Crime Scene | an SFGate.com blog

    Full opinion. PEOPLE v. GABRIEL - Filed February 3, 2012.
     
  2. gunnails

    gunnails Hillsboro Active Member

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    I am not sure what he was doing was immoral, certainly illegal under CA law, still I see a good argument to be made that CA laws in question are immoral. At the least this Gabriel guy is guilty of being stupid (unless he is trying to make a point of some kind of political or moral statement that is unbeknown to me), he was convicted months before his last arrest for doing the same thing (growing).
    The state is probably just PO about his arrogance to recommit the same crime basically immediately after being convicted Just months earlier.

    I do agree that the assault weapon and marijuana laws are silly.
     
    Burt Gummer and (deleted member) like this.
  3. Dunerunner

    Dunerunner You'll Never Know Well-Known Member

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    Aren't we glad we don't live there!! Don't forget the ten day wait (cooling off period) after buying a handgun, even if you just bought one ten days prior!! Many California gun laws are intended to give the impression that the legislature is protecting the people from evil.
     
  4. gunnails

    gunnails Hillsboro Active Member

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    Owning assault gun, growing pot are immoral, court says | Crime Scene | an SFGate.com blog
    ======================================================

    This comment from the article got me more worked up then any thing els.
     
    Redcap and (deleted member) like this.
  5. Swedish K

    Swedish K SW Washington Moderator Staff Member

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    two words for him - Felony Stupid. Anyone with half a brain should know that (especially in CA) the two things you should never mix if you want to avoid jail time are drugs and firearms - the combo is just too tempting for a slam dunk conviction and improved record for any DA looking to further their political aspirations.

    As for the 10 day wait, I'm surprised that no one has challenged it on the basis of "how do you expect someone who has filed for a restraining order to protect themselves?" especially in some of the more rural areas. In some of the desert communities and places in the mountains it can take an hour or more for officers to arrive on scene - not exactly prompt assistance...

    Oh - you can thank the feds for the mass release of inmates. They used the Department of Corrections definitions of overcrowding to determine that they had to release all of those inmates. What the feds didn't take into consideration was that minimum security housing wasn't what was overcrowded and that was the group they let out. The department's overcrowding numbers were a bit overstated on purpose to help justify more funding to build more prisons. This wouldn't have been nearly as necessary if the state had properly funded maintenance for the last 40 years or so. Many prison housing units had been downgraded to lower custody as they were not properly maintained due to lack of funding and were no longer as secure as originally designed.
     
  6. Gunner3456

    Gunner3456 Salem Well-Known Member

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    Don't you just love Kalifornicate? I agree the guy was stupid. Stupid for living (or even visiting) in that screwed up state. It doesn't appear that he had an "assault rifle" this time - just growing pot. But since he had the gun in 2009 he goes to prison?

    This was upheld by the Appellate Court who are apparently the morals police, agreeing about "moral turpitude." Owning the rifle years earlier was "immoral" and proved in this case that he was "depraved."

    "California has outlawed assault weapons because they’re used for crimes, not hunting or recreation, the court said, and Gabriel should have known that the gun he was convicted of possessing was “particularly dangerous to human life."

    Yeah, well I have a couple of HD shotguns which are actually intended to be “particularly dangerous to human life." Same with the Glock 23 that's on my belt, if I ever need it.

    Fortunately, Kalifakdup is in a corner of the US and there's no need to set foot in the place.
     
  7. petagunner

    petagunner sourthern oregon New Member

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    Wow....are you really serious?

    First off, the guy was a convicted felon from the previous "assault weapon" charge. Regardless of agreeing with the law or not, the dude was a POS criminal who got pinched and was found to be with an unregistered assault rifle the first time, so posession of any "contraband" the second time gets him more time in.

    2nd, they guy goes past what Kali says is the legal limits of his medical marijuana and gets pinched for that.


    And we are supposed to feel sorry for him?

    And now I assume will be the hoards of "poor innocent dude was just excercising his constitutional rights to smoke pot, own guns and break into other peoples bubblegum"

    put the pipe down dude
     
  8. Gunner3456

    Gunner3456 Salem Well-Known Member

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    4 years in prison on a pot growing bust? Are you kidding me? He was busted for the "assault weapon" in 2009, not this time unless I read it wrong??? So he'd already had his penalty for that, and for a prior beef for pot growing.

    Yes he is stupid to break the law. But labeling him as "depraved" this time because in 2009 he owned something which would be legal here... and therefore giving him 4 years in prison?

    Yes, I'll stay out of Kalifornia, thanks.
     
  9. petagunner

    petagunner sourthern oregon New Member

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    The previous conviction for cultivating marijuana WAS A FELONY.
    The 09 unregistered assault weapon conviction WAS/IS A FELONY.
    The 09 conviction for cultivating marijuana WAS/IS A FELONY.

    Regardless of what law, or being in posession of something that may be legal here, the guy is a friggin career criminal, plain and simple. I won't even feel sorry for him when bubba repeatedly romanticaly rips him while he is picking up the powdered soap.

    Kudos for the DA throwing the book at him.
     
  10. Gunner3456

    Gunner3456 Salem Well-Known Member

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    We'll just have to disagree on this one.

    If I lived the same lawful life I live here, but did it in Kalifornia, I too would be a career criminal. That's why I don't go to Kalifornia.
     
  11. BSG 75

    BSG 75 Oregon Well-Known Member

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    It is even worse than what you said. The 10-day waiting period is for all firearm purchases (with a few exceptions), not just handguns. Some dealers make you wait 11 days because they are afraid of letting you take home your purchase even an hour too soon.

    And you can't buy a handgun if you just bought one ten days prior. You can buy only one handgun in a 30-day period.
     
  12. pietro beretta

    pietro beretta Spokane, WA Active Member 2016 Volunteer

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    According to a 21 Sep 2011 "Open Letter to All Federal Firearms Licensees" from ATF, holders of state-issued medical marijuana cards are automatically "prohibited persons" under 18 U.S.C 922(g)(3) and "shipping, transporting, receiving or possessing firearms or ammunition" by a medical marijuana card holder is a violation.
     
  13. Gunner3456

    Gunner3456 Salem Well-Known Member

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    First, I don't use MJ. Never have. I drink about 2 beers and have about 2 glasses of wine a year. I just never cared for it, but I don't mind if others do.

    That law above looks to me like a really good way to keep MJ use illegal and underground and in the hands of criminals.

    Just sayin'.
     
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  14. Redcap

    Redcap Lewis County, WA Well-Known Member

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    1321906837233.jpg
     
  15. fd15k

    fd15k Tigard,OR Well-Known Member

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    That one also has an exemption:
    If you are a C&R or 03 FFL holder, you can use your C&R license and your COE to avoid the limitation on purchasing more than 1 handgun in 30 days. The exemption to the 1 in 30 rule applies to all handguns and not just C&R handguns.
    Certificate of Eligibility - Calguns Foundation Wiki
     
  16. Page.k

    Page.k Seattle Active Member

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  17. FarmerTed1971

    FarmerTed1971 Portland, Oregon, United States Well-Known Member

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    Pot and guns don't mix. If you grow, and you own guns (particularly NFA items) you had better make sure they are in separate locations. If I grew, legally, I would still carry a pistol... but that's about it. Why risk getting locked up?
     
  18. fd15k

    fd15k Tigard,OR Well-Known Member

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    Not sure what you meant exactly, but just to make clear: legal growing or possession of pot under state law is still at least a federal misdemeanor, and combined with a legal possession of firearm becomes a felony (possession of a firearm during commission of a crime).
     
  19. dmancornell

    dmancornell Portland, OR New Member

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    So he's a burglar because the cops claim to have found "burglary tools" on his property? Oh snap, they found a crowbar and a pair of gloves. :paranoid:

    Shame on you for slamming the guy for the non-crime of owning an "assault rifle" (in commiefornia, anything with a detachable magazine) using the lame and pathetic "it's the law" argument. I feel more sorry for you than I do for him.
     
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  20. Kevatc

    Kevatc Oregon Well-Known Member

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    I'm confused. If you are legally allowed to grow/consume MJ via a medical card how is this edict from the ATF not in violation of the 2A and the state of CA gun laws?