PSH from the Torrance, California PD:
The homeowner, Russell Powell, 35, denied Friday that he was involved in terrorism or any other crimes. Powell, who is free on $45,000 bail, said he was a gun collector, the rocket-propelled grenade launchers were inactive props, and all of his weapons are legally registered. He denied any involvement in crime or terrorism.
“They are full of (expletive),” Powell said. “The cops will say anything to look good. I’m a collector of interesting weapons. None of it is illegal. You think they’d let me out if it was?”
Police agreed that the majority of the weapons were legally registered but said the fact that they were loaded and kept close to the narcotics made them illegal.
In addition, rifles and handguns were strewed about the residence. Unlike other homes where police have seized guns during raids, the weapons were not stowed away in closets or lockers.
Okay, so the guy appears to be a meth user/dealer. Book him for that, try him, lock him up and toss the key. But do not charge him for:
— possession of a DISABLED, that’s right, disabled RPG — NOT illegal in CA
— possession of LOADED weapons NOT in a safe — NOT illegal in CAÂ Â Oops, see UPDATE below
— possession of “a machine gun that shoots ball bearings with carbon dioxide” — you mean a BB GUN?????!!!! Definitely NOT illegal in CA.
This is an example of “overcharging disease” — the ultimate indictment will intentionally include hundreds of extra charges on gun possession, based on the idea that because the perp is engaged in drug felonies, he’s a felon-in-possession-of-a-firearm. Doesn’t matter that he’s presumably not yet a felon until they convict him. See UPDATE below.
That will let them “plead down” to just the drug charges, or something.
I understand the value, if you’re planning to negotiate a plea, of starting the negotiations with a whole bunch of extra charges you don’t care about, but I really don’t like it when the cops start parroting the anti-gun rhetoric along with it.
Grrrr.
UPDATE: Okay here’s California’s Health and Safety Code:
11370.1. (a) Notwithstanding Section 11350 or 11377 or any other
provision of law, every person who unlawfully possesses any amount of
a substance containing cocaine base, a substance containing cocaine,
a substance containing heroin, a substance containing
methamphetamine, a crystalline substance containing phencyclidine, a
liquid substance containing phencyclidine, plant material containing
phencyclidine, or a hand-rolled cigarette treated with phencyclidine
while armed with a loaded, operable firearm is guilty of a felony
punishable by imprisonment in the state prison for two, three, or
four years.
As used in this subdivision, “armed with” means having available
for immediate offensive or defensive use.
(b) Any person who is convicted under this section shall be
ineligible for diversion or deferred entry of judgment under Chapter
2.5 (commencing with Section 1000) of Title 6 of Part 2 of the Penal
Code.
I did not know that.