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2008 federal case man w/ ak-47 type pistol arrested, GFL seized, gun confiscated

kwikrnu

kwikrnu

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He was arrested and charged with a crime March 26, 2007. Criminal charges were dropped September 3, 2008. The Federal suit was settled july 28, 2009 probably at which time he received his property back.

I wonder if he "notified" the cop that he had those handguns...

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kwikrnu

kwikrnu

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Fallschirmjäger said:
Hmmmmm....

I just pm'd JRM to ask him about it. It looks like an interesting subject.
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It was settled in late 2009. So there is no record of what happened. There was motion to drop DeKalb Co. I'm guessing they dropped the County when they returned the guns and gfl and maybe promised some training, but am not sure.
 
Fallschirjmäger

Fallschirjmäger

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kwikrnu said:
It was settled in late 2009. So there is no record of what happened. There was motion to drop DeKalb Co. I'm guessing they dropped the County when they returned the guns and gfl and maybe promised some training, but am not sure.
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Well. there's the record that it happened, and I'm guessing a court order to return plaintiff's property.


JRM didn't have a lot to say about the case other than "...It was such an out of the ordinary case, it's difficult to imagine it being useful for others. The cop had no idea what he was talking about, and still insisted it was an SBR after the GBI said it wasn't, the ATF said it wasn't, and I hired an expert witness that said it wasn't. The officer testified that what made it a rifle was the fact that it had a rifled bore! I suspect, but do not know, that when defense counsel was faced with the impossible task of finding an expert witness to rebut that, she decided to go the settlement route..."

That admission alone was made my whole interest worthwhile.
 
kwikrnu

kwikrnu

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Fallschirmjäger said:
Well. there's the record that it happened, and I'm guessing a court order to return plaintiff's property.


JRM didn't have a lot to say about the case other than "...It was such an out of the ordinary case, it's difficult to imagine it being useful for others. The cop had no idea what he was talking about, and still insisted it was an SBR after the GBI said it wasn't, the ATF said it wasn't, and I hired an expert witness that said it wasn't. The officer testified that what made it a rifle was the fact that it had a rifled bore! I suspect, but do not know, that when defense counsel was faced with the impossible task of finding an expert witness to rebut that, she decided to go the settlement route..."

That admission alone was made my whole interest worthwhile.
Click to expand...

That cop must not have liked the plaintiff. In my federal lawsuit against a park ranger for civil rights violations for detaining me for carrying my ak-47 type pistol they recognize it as a pistol.
 
RussP

RussP

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kwikrnu said:
That cop must not have liked the plaintiff. In my federal lawsuit against a park ranger for civil rights violations for detaining me for carrying my ak-47 type pistol they recognize it as a pistol.
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They sure did. Of course it was after ATF ran the serial number and confirmed it had been manufactured as a pistol. Then everyone knew and recognized it as a pistol.

Agencies were quick to issue, for officer safety, and yours, information BOLO's stating that if you were seen carrying the AK, it is indeed a legal pistol and you did have a valid carry permit.
 
R

rmodel65

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i know the settlement is not provided since its not published, but i wonder if the amount paid by the county is subject to a Georgia Open Records request.....
 
kwikrnu

kwikrnu

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rmodel65 said:
i know the settlement is not provided since its not published, but i wonder if the amount paid by the county is subject to a Georgia Open Records request.....
Click to expand...

I'd be interested in finding out. The County was dropped from the suit early on. I'm not sure if they were dropped after returning the weapons and the gfl or if there was a monetary settlment.
 
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