Arizona -(Ammoland.com)- Last month, April, 2018, the California Department of Justice raided prominent Kern County Farmer, Jeffrey Scott Kirschenmann. The justification for the raid was pictures the farmer had sent to the Department of Justice in an attempt to register a rifle. The DOJ claimed the rifle was an illegally modified “Assault weapon”. During the raid, the DOJ confiscated 230 rounds of ammunition, a dozen guns, two objects claimed to be “silencers”, and some sort of trigger activator.
There is reason to be wary of the accuracy of the claims of what was found during the raid. California law is very complex. California law enforcement officers have been known to make mistakes about what is an “assault weapon” and what is not. “Silencers” can only be determined with a test to see if the devices actually reduce the sound signature of a firearm. There are many fake look alike simulated “silencers” on the market. From kget.com:
Retired KCSO Commander Joe Pilkington is a court recognized firearms expert. He could not speak directly to Kirschenmann’s case but says the laws are changing so frequently, it’s often hard to keep up with the latest regulations.
“Just in the last few years, there have been lots of changes in gun laws,” he said. “Making an effort, a good faith effort to comply with these really complicated laws, should count for something.”
A new state law requires assault-style weapons be registered by the end of June.
Pilkington recommends anyone who isn’t sure about the process go through a federally licensed firearms dealer.
For years, those who wish a disarmed population have told Second Amendment supporters that registration does not lead to confiscation. Second Amendment supporters have been repeatedly told “no one wants to confiscate your guns”.
In this case, an attempt to register a gun led to confiscation of several guns and a dozen felony charges against the owner of the gun who had made the attempt.
The raid was counterproductive if the purpose was to actually have guns registered.
Comments among gun owner ran to these lines:
- Don’t ever register anything. It cannot lead to anything good.
- Guy was probably trying to do the right thing. He has money, now he will be bankrupted by the state.
- Can’t possibly know what is legal and illegal anymore, without a law degree.
- Too bad he wasn’t an illegal alien. They would go easy on him.
California gun laws are extremely complex. They are difficult to follow. And the California State Attorney’s office has a reputation for pursuing extremely strict, even bizarre, interpretations of the law. A federal judge had this to say about California gun law, in 2017. From sandiegouniontribune.com:
The judge eviscerated the attorney general’s arguments and said while the lawyer was well-prepared in her presentation, she was not able to describe certain intricacies of the law.
“Who could blame her? The California matrix of gun control laws is among the harshest in the nation and are filled with criminal law traps for people of common intelligence who desire to obey the law,” Benitez said. “Statutes must be sufficiently well-defined so that reasonably intelligent citizens can know what conduct is against the law.”
California’s monopoly on power by far-left Democrats has not helped. The legislature seems to be in a race to pass complicated and severe laws. Several laws have been upheld by the Ninth Circuit. The Supreme Court does not seem interested in hearing appeals.
It is too early to know exactly what happened with Jeffrey Scott Kirschenmann’s case. No one was harmed by his activity. The drug war has created ample precedent to impose big penalties in cases where there is no clear victim.
The California legislature is creating a reputation as the state most infringing on the Second Amendment rights. Currently, New Jersey and Hawaii can logically be claimed to infringe more, because they effectively issue no permits to carry guns outside of the home. Many counties in California issue substantial numbers of carry permits. That does not happen in New Jersey or Hawaii.
California is one of only six states that does not have a protection of the right to keep and bear arms in its state constitution.
Many have questioned whether the California legislature wants people to actually follow the law, or whether they wish to create more felons among gun owners, to signal virtue, and to discourage gun ownership. The famous quote from Ayn Rand comes to mind:
“Did you really think we want those laws observed?” said Dr. Ferris. “We want them to be broken. You’d better get it straight that it’s not a bunch of boy scouts you’re up against… We’re after power and we mean it… There’s no way to rule innocent men. The only power any government has is the power to crack down on criminals. Well, when there aren’t enough criminals one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws. Who wants a nation of law-abiding citizens? What’s there in that for anyone? But just pass the kind of laws that can neither be observed nor enforced or objectively interpreted – and you create a nation of law-breakers – and then you cash in on guilt. Now that’s the system, Mr. Reardon, that’s the game, and once you understand it, you’ll be much easier to deal with.”
Jeffrey Scott Kirschenmann has means to fight the legal battle. We cannot rely on the California DOJ to give unbiased information in the case. They are prosecuting the case, and modern prosecutors have become focused on getting convictions instead of pursuing justice. Jeffrey Scott Kirschenmann has rationally lawyered up and is not releasing information to the public.
It may be years before we know all the details, if we ever do.
The message from the California DOJ seems clear: Contact with us risks a full blown swat raid on your home. It is not a message that encourages trust in the system and the rule of law.
©2018 by Dean Weingarten: Permission to share is granted when this notice is included.
About Dean Weingarten:
Dean Weingarten has been a peace officer, a military officer, was on the University of Wisconsin Pistol Team for four years, and was first certified to teach firearms safety in 1973. He taught the Arizona concealed carry course for fifteen years until the goal of constitutional carry was attained. He has degrees in meteorology and mining engineering, and recently retired from the Department of Defense after a 30 year career in Army Research, Development, Testing, and Evaluation.
when is the court date? PRO GUN RALLEY COMES TO LOCAL COURT HOUSE. If he goes to jail for this I will purchace at least 10 guns for every year he gets recomend friends and family to do the same.
in 1967 one year before the ’68 gun control federal law, N.Y.C. made everyone register all firearms. In 1992, Mayor Dinkins sent letters to all who had a so called registered assault guns to sell them to people who did not reside in the city or hand them in for destruction. if you had a residence outside city limits like with a relative or friend ,then move the guns there. This was done even though not one registered assault type guns were used in a crime. Dinkins wanted to “get the guns off the streets”. Fast foward to 2014 and… Read more »
Germany, Italy, France, Austria, Poland, Spain and most of the rest of Europe had the same gun confiscation programs prior to WWII and the holocaust. Portugal, Switzerland and England citizens refused to give up their guns. (Common Core quiz – did the Nazis invade these countries?) Now the same gun-grabber laws exist in Venezuela, Cuba, China, North Korea and many other countries “for the citizens own protection”. Once they take your guns they will make you remove the points from your knives (London), then they will take your kitchen knives(London). You will have to rip your meat with your teeth.… Read more »
If you have any questions about the laws relating to either registering rifles, postols or shotguns with the DOJ, contact the CA Rifle and Pistol Association at CRPA.ORG.
you couldnt pay me enough money in the world to live in Comifornia! What a bunch of BULLSHIT!
this is an EU Influenced cancer, it is spreading to so many states. we need a leader like a general Washington or Andrew Jackson to make a call to arms to rid this country of the insurrection by EU sold out politicians, educators so-called Judges.this EU Agenda to destroy western history and culture started in the 1920’s. the EU’s president and vice president, today, openly, still foments the destruction of the west and all of it’s nationality. we are fighting a foreign agenda. it is called the EU agenda. Richard Nikolaus Eijiro, Count of Coudenhove-Kalergi originator of Pan-Europe, which became… Read more »
Disgusting. No advise or warnings, just waiting with their hooks to gig the law abiding. Sounds like he has some pretty good contracts, supplier of potatoes to Frito Lay; surprised Xavier and his Left Coward Lawyers and Raiders chose Kirschenmann to pick on. When the case moves up I hope the US Supreme Court does not continue to fail to do their job and leave Kirchenmann a felon.
That was a free one. These gun confiscations will become harder and harder, as word gets around .Law enforcement in their zeal to uphold unconstitutional laws may ultimately end up shooting an offender who WILL NOT COMPLY . This will only serve to enrage patriots. The times will become very interesting indeed.
If you live in California and own firearms of ANY kind you’d be wise if you can move. Let the State collapse of its own folly of gun laws, sanctuary cities. Taxpayers should leave the state. But don’t try to make the other 44 free states like California. But if you can’t move, take detailed macro photos of your guns, each individual part, the parts assembled and finally the entire gun from all angles. ATF and CA DOJ have been known to alter guns to make them function in an illegal manner. The pictures will be evidence that the file… Read more »
Kalifornia has no interest in law abiding but only to rid itself of those who aren’t beholding to the system. Where’s all these Kalifornia 3%ers that are gonna rise up? Ahh I know they are too bust getting a tattoo, beard oil and another SWAG T shirt.