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Did anyone see this?


Poetical1

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Sounds like they caught another bad guy in the typical police state fashion. Driving a car with windows tinted too dark for their liking, found with a gun without an identification number on it, found a magazine exceeding the number of rounds deemed allowable by somebody. Yep. Gotta love it when it works to catch the right people....right ?

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The says he is 19 and later said the prosecutor asked from him to surrender his FOID and CCL. How could he have a CCL if he is only 19. Too bad the serial number was defaced. This could have possibly be a test case for the 10 round magazine limit. It still could but have the serial number defaced doesn't make him look like a fine upstanding gun owner.

 

 

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1) This somehow went from stopping him for having his windows tinted too dark to the cops searching his car and finding a pistol with a defaced serial number. Either he consented to the search (shame on him), the cops just tossed his car because they had him stopped (anything they found should be tossed), or the cops had a warrant or probable cause. Either big chunks of information missing from the article or big problems with the case.

2) Defaced serial number? No sympathy here. Maybe he shouldn't be in trouble due to a potentially illegal search and seizure, but he deserves what he gets. Play stupid games, win stupid prizes.

3) I see nothing about them going after him over the magazine capacity, except for a few comments from the judge, the SA, and the public defender. The magazine should be a non-issue, especially since it was a handgun magazine, being transported by the holder of a FOID card. Of course, once the defaced serial number on the handgun was discovered, he was no longer the holder of a valid FOID card, and protection from local ordinances no longer applies...

 

I'd say much of this comes down to which came first, the chicken or the egg.

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The says he is 19 and later said the prosecutor asked from him to surrender his FOID and CCL. How could he have a CCL if he is only 19. Too bad the serial number was defaced. This could have possibly be a test case for the 10 round magazine limit. It still could but have the serial number defaced doesn't make him look like a fine upstanding gun owner.

 

 

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I would sure as heck hope this would not be a test case.

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1) This somehow went from stopping him for having his windows tinted too dark to the cops searching his car and finding a pistol with a defaced serial number. Either he consented to the search (shame on him), the cops just tossed his car because they had him stopped (anything they found should be tossed), or the cops had a warrant or probable cause. Either big chunks of information missing from the article or big problems with the case.

2) Defaced serial number? No sympathy here. Maybe he shouldn't be in trouble due to a potentially illegal search and seizure, but he deserves what he gets. Play stupid games, win stupid prizes.

3) I see nothing about them going after him over the magazine capacity, except for a few comments from the judge, the SA, and the public defender. The magazine should be a non-issue, especially since it was a handgun magazine, being transported by the holder of a FOID card. Of course, once the defaced serial number on the handgun was discovered, he was no longer the holder of a valid FOID card, and protection from local ordinances no longer applies...

 

I'd say much of this comes down to which came first, the chicken or the egg.

 

Agree. Most likely the gentleman in question was either known to police to be a problem child or they asked to search and the idiot gave permission.

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Cook limit is not 10.

And this is a judge who said that, someone needs to tell him about pre-emotion.

 

But he should go down for the defaced serial number.

 

Again, agreed...unless the cops just pulled him over and decided to toss his car. If he gave them permission to search the vehicle or if they had probable cause or a warrant, throw the book at him. But if they decided to search his car...because...then everything should be tossed out.

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Does mag preemption apply if the firearm is illegally possessed?

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Nope. Handgun and handgun ammunition preemption applies to individuals carrying in accordance with the FCCA, and firearms and firearms ammunition preemption applies to valid FOID holders. I would say if you are in possession of something for which your FOID could be revoked, preemption Don't help you either.

 

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Does mag preemption apply if the firearm is illegally possessed?

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Nope. Handgun and handgun ammunition preemption applies to individuals carrying in accordance with the FCCA, and firearms and firearms ammunition preemption applies to valid FOID holders. I would say if you are in possession of something for which your FOID could be revoked, preemption Don't help you either.

 

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That's what I was thinking.

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now....here's to playing devil's advocate.

 

if i built my own pistol from an 80%. i'm not required to have a serial number in the first place. if i stippled a rectangular area on the slide/frame, that could be construed as defacing a serial...except there was none there to begin with.

 

Exactly!

I build all sorts of 0% and 80% stuff. Glocks, 1911's, AR's, heck Matrix now has Sig 226 and 229 80's. If I build it myself for personal use I am not required to put any markings on it at all. What if I am carrying an 80% P226 and get pulled over. Guess what it has no markings on it.

 

Now in this case...I highly doubt said youth is an avid hobby machinist and gunsmith...but, you never know.

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now....here's to playing devil's advocate.

 

if i built my own pistol from an 80%. i'm not required to have a serial number in the first place. if i stippled a rectangular area on the slide/frame, that could be construed as defacing a serial...except there was none there to begin with.

My guess is the extent of this fella's mechanical aptitude is limited to flushing a toilet. Perhaps he can't even do that.

 

 

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now....here's to playing devil's advocate.

 

if i built my own pistol from an 80%. i'm not required to have a serial number in the first place. if i stippled a rectangular area on the slide/frame, that could be construed as defacing a serial...except there was none there to begin with.

"Defaced serial number" is not the same as "no serial number". The article had details (though the author didn't know what she was talking about). Serial number was scratches off of the barrel and stock (lol). I am guessing by stock, she probably means "slide". Prosecutor says another label with the serial number was removed. Guessing by that he means the imbedded plate on a polymer frame with the serial number.

 

So no, this was not a 3D printed or 80% frame that was never serialized. This gun had a serial number, and that serial number was defaced. This is a huge no-no by federal AND state law. If he had an 80% Glock frame built out into a pistol, not so much.

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This reminds me of People be Larry Flint. In the film the line goes something like this: If the law will protect a scum bag like me (Flint) then it will protect anyone. I have no problem getting behind this case. 1. I thought tinted windows were legal, not an excuse for probable cause. 2. Was this 19yo actually issued a ccl? Government malfeasance? If this young male wins at trial because of the police not doing their jobs properly then I think that's a win for everyone, including the law abiding people who have no buddies with badges.
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