California Farmer Attempts to Comply with Law and is Arrested

California Farmer Attempts to Comply with Law and is Arrested
California Farmer Attempts to Comply with Law and is Arrested

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.

Link to Gun Watch


About Dean Weingarten: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.

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    Coelacanthdarkwatcr34NotalimadennyPAUL M DINATALE Recent comment authors
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    darkwatcr34
    Guest
    darkwatcr34

    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.

    PAUL DINATALE
    Guest
    PAUL DINATALE

    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 »

    WEDGE
    Guest
    WEDGE

    They first came to register my grandmother’s families firearms. After a period of time they came back and confiscated them. At that same time, they confiscated all of their valuables after ransacking the home looking for any firearms that might have been left off the registration list. It wasn’t long after that, that they themselves were confiscated and taken to the camps. Fortunately for me, my grandmother left her family home after she married my grandfather, and they moved to the United States. Several were not so fortunate. Half went to work in the Nazi war material factories, the rest… Read more »

    Notalima
    Guest
    Notalima

    “Those who cannot remember the past are condemned to repeat it”
    -George Santayana

    Muckraker
    Guest
    Muckraker

    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 »

    TheHolyCrow
    Guest
    TheHolyCrow

    It is way past time to charge these gun grabbing traitors with TREASON, and when and if they are found guilty, televise them as they are being tarred & feathered and then given a rail ride down to the hanging tree. Slip the noose around their neck and kick the stool out from under them. The longer we wait and nothing is done to stop them, the worse it will get. I can promise you that ! Once they get their laws on the books, they will send the brownshits out to break down your door. At that time, be… Read more »

    dava golino
    Guest
    dava golino

    amen, to that brother. how about we go to their house. nationwide.

    TheHolyCrow
    Guest
    TheHolyCrow

    @Dave…I would love to see a million person open carry march go to their door and nail A TREASON SUBPOENA ON IT.

    Matthew M.
    Guest
    Matthew M.

    The Japanese didn’t invade mainland US because their fleet lacked the fuel capacity. It had nothing to do with a armed civilian population. They were extremely limited, because refueling at sea was a fairly new concept. They managed to refuel their fleet for the attack on Pearl Harbor, but only because it was absolutely necessary. Had they attacked the mainland, it would have required a steady flow of fuel & supplies for several years, because the fleet would have had to stay on the west coast to support the war. The Japanese had no interest in taking over the US.… Read more »

    TheHolyCrow
    Guest
    TheHolyCrow

    One of the war stories my uncle used to tell about WW2 was the time his Merchant Marine ship stopped at a small island in the Philippines for refueling by a Royal Dutch Shell oil tanker. After the refueling, he and a few others asked the captain if they could take a skiff ashore and stock up on some fruits and water if they could find it. The island was only about 3/4 mile wide and when they got to the other side, lol and behold, was the Royal Dutch Shell tanker refueling an enemy ship. They all had a… Read more »

    PAUL M DINATALE
    Guest
    PAUL M DINATALE

    true what you said, BUT, they also did not invade the usa “because it was like walking into quicksand”. this was said by the japs at the signing of the surrender papers at the end of ww2. they knew we had the right to keep and bear “military type” arms,thus it would be a fools errand to invade this country. You only got half the story right!

    Coelacanth
    Guest
    Coelacanth

    Enough fuel for the Aleutian Islands Dutch Harbor.

    denny
    Guest
    denny

    The Toilet Brushes Can NOT B Black, MUST Have Rounded Handles, & Bristles Must B NO Longer Than 1&3- 6/64 in. IF IT Happens, EVERY PATRIOT Must Have 3 Liberals as HUMAN? Shields!!

    Gary Brennan
    Guest
    Gary Brennan

    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.

    Gern Blanston
    Guest
    Gern Blanston

    you couldnt pay me enough money in the world to live in Comifornia! What a bunch of BULLSHIT!

    dava golino
    Guest
    dava golino

    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 »

    The other Jim
    Guest
    The other Jim

    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.

    eaglesnester
    Guest
    eaglesnester

    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.

    Jim Macklin
    Guest
    Jim Macklin

    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 »

    Matt in Oklahoma
    Guest
    Matt in Oklahoma

    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.

    Rich in Mo.
    Guest
    Rich in Mo.

    He had >230< rounds of ammunition? That's almost 12 WHOLE boxes! Whats he trying to start WW3 with that massive amount? /sarc

    Bill
    Guest
    Bill

    230 rounds is not that much. I have several weapons and stock a minimum of 1,000 rounds per weapon.

    Rich in Mo
    Guest
    Rich in Mo

    Sarcasm is lost on you Bill.

    Ku
    Guest
    Ku

    NEVER register your firearms to a confiscation list.

    The ONLY purpose served by registration is to FACILITATE CONFISCATION!

    Muckraker
    Guest
    Muckraker

    As soon as you register your guns you will have a knock on the door. If you have a scary looking .22LR with a scary scope and over 10 Rd mag you are toast. Check with FLL to see what is legal and not. Little known loophole is old, I thing pre 1975 hi mags are grandfathered in. Chinese importing lots of “antique” mags. “Trust me, I’m from the government. Let me search your house; you have nothing to hide.” “Bend over and say Ahaaaa.”

    Tionico
    Guest
    Tionico

    FFLs only able to be trusted on knowledge of FEDERAL law… not state. To put all your trust in FFL’s is not wise. CalGuns are local, they KNOW CAlifornia law better than Havvie the Beast does. He is of the “mow em all down and let God sort em out” mentality. Aptly named Becerra (beast orf ox)

    Dr. Michael Velsmid
    Guest
    Dr. Michael Velsmid

    If your FLL is selling guns in your State, they better know what is legal in the State, otherwise they will screw up, loose their business, fined and probably wind up in prison.

    Jim Macklin
    Guest
    Jim Macklin

    ATF publishes the Federal laws and the State laws in a book that all FFLM dealers https://www.atf.gov/questions-and-answers/firearms-qas 3-D Printing Technology of Firearms Annual Firearms Manufacturers and Export Report (AFMER) – ATF Form 5300.11 ATF Form 4473 ATF Ruling 2016-5 Guidance Auctioneers Collectors Conduct of Business General Gunsmiths Imports & Exports Licensing Machine Guns Manufacturers Misdemeanor Crime of Domestic Violence National Firearms Act (NFA) National Instant Criminal Background Check System (NICS) Nonimmigrant Aliens Pawnbrokers Personal Collections-Licensees Receiver Blanks Record Required – Licensees Theft/Loss in Transit Unlicensed Persons

    Gene Ralno
    Guest
    Gene Ralno

    Smart owners already have moved their firearms to a trusted friend in a friendly state, e.g., Texas. The really smart ones have relocated away from their oppressors. California is hemorrhaging citizens and bulging with illegal aliens. The criminals in charge will be replaced and their stupid laws will be struck down but it will take years. In the mean time, when your local gauleiter comes knocking, demand a warrant, answer no questions and hire a lawyer specializing in abuse of power. We’re all protected by the 4th and 5th Amendments and remind your tormentors of the penalties for curtilage encroachment.… Read more »

    Huapakechi
    Guest
    Huapakechi

    Smart gun owners have already moved WITH their guns to a more gun friendly state.

    It’s pure Darwinism.

    Wild Bill
    Guest
    Wild Bill

    @Huapakechi, Yes, repressio-darwinism.

    Roger F. Garner
    Guest
    Roger F. Garner

    Thanks for a new word for my vocabulary, gauleiter.

    Charles
    Guest
    Charles

    The Gestapo is alive and well.

    Green Mtn. Boy
    Guest
    Green Mtn. Boy

    Why is Commiefornia still in the Union.

    TrueBornSonofLiberty
    Guest
    TrueBornSonofLiberty

    DO NOT COMPLY….EVER!!!!!! Keep your mouth shut, except with your CLOSE family members. If your marriage isn’t completely secure, or your sister/brother/mother/father/children are ideological leftists, that mandate of secrecy includes them. Buy a fighting rifle, copious amounts of ammo, rifle plates and training to use them in urban combat conditions. These Liberal Terrorists™️ are going to force us to defend ourselves against their “War of Leftist Aggression”, sooner rather than later. I’m ready, willing and able. How about “winner take all, once and for all”?!?!?!?!

    Marc DV.
    Guest
    Marc DV.

    IF YOU BUILD IT !
    THEY WON’T COME !
    (unless you brag about it )

    Jim Macklin
    Guest
    Jim Macklin

    Sixty years ago a wise man told me this…
    You can talk about anything as long as you don’t do it.
    You can do anything as long as you don’t talk about it.
    [Note, He wasn’t talking about bank robberies, rape other criminal acts.]

    Timmay
    Guest
    Timmay

    Not totally true, but i see what you’re getting at.
    I’m thinking conspiracy – I’ve seen alot of kids lately getting racked for talking about shooting you a school.