Help with background check

V

Vito

Filing Flight Plan
Joined
Dec 16, 2016
Messages
6
Display Name
Display name:
Vito0321
Hello everyone, I'm new here, but I thought this would be a good place to seek help and knowledge.

I was dating a girl that owned an ar 15 and one day I came home from class and DOJ officers were in my girls place and when I came in they told me to sit and then arrested me and her for possession of an assault rifle ( California made ar15) they found a bottom magnet which supposedly turned it into an assault rifle. Now the DA is offering me to plea guilty with one year of probation and then expunged it after the one year. I'm 30 years old and never be arrested and I don't even know anything about weapon or their laws, and I'm getting my bs is aviation and flight training at San Jose state university.

Now my question is what are my chance passing FAA and TSA and starting with regional.
I'm a flight student that was born to fly and I have very good moral character my whole life till i ran into this girl. Please let me what u think of my chances and any advise ..thank you
 
I can't afford a lawyer and if I don't take the plea and loss to a jury I'm looking at possible jail time and I will never get it expunged
 
Wrong forum. You need an attorney versed in CA firearms law.

If you are properly defended, whatever is in the records for background checks should (in theory) be nothing. I suppose. Hell if I know, but it's way secondary to defending yourself first. If the rifle isn't yours, you need to get those charges tossed out.

For those wondering what this is all about, the State of California has made a button on a rifle to release the magazine and insert a new one, a felony.

Because... California morons.

One interesting way around this physically, are various devices available that actuate the mag release via magnetism.

Attaching one of those devices to the firearm makes it an "accessory" and therefore, is considered the same as having a normal $.50 piece of metal in the shape of a button on the rifle, like in every other State. In other words, it's a mag release.

There's other very detailed rules about what sort of accessories and blah blah blah can be on the rifle for it to need this "retard button removal" treatment.

Many are sold as "tools" that aren't attached to the rifle, and those are generally legal.

Anyway... those details don't matter except that the average juror in CA doesn't know what a rifle even is, let alone how a mag release works.

You need to be hitting up pro-firearms forums looking for an attorney who can assist at either low or no price, or who'll happily take payments later because they want to help out in a firearms case like this one.

The retard level of the law is already so far off the scale on this stuff in CA that the meter measuring it has had the needle pegged off scale high for decades and the coil on the meter is starting to smoke. Attempting to do battle with that level of stupidity in court and getting dragged into the minutiae of a $0.50 piece of metal smaller than your thumb, being replaced by a magnet, is so insane, you need to seek an attorney that knows this stuff in CA.

I'd go post this on CalGuns if I were you. The aviation stuff is completely secondary.
 
denverpilot said:
Wrong forum. You need an attorney versed in CA firearms law.

If you are properly defended, whatever is in the records for background checks should (in theory) be nothing. I suppose. Hell if I know, but it's way secondary to defending yourself first. If the rifle isn't yours, you need to get those charges tossed out.

For those wondering what this is all about, the State of California has made a button on a rifle to release the magazine and insert a new one, a felony.

Because... California morons.

One interesting way around this physically, are various devices available that actuate the mag release via magnetism.

Attaching one of those devices to the firearm makes it an "accessory" and therefore, is considered the same as having a normal $.50 piece of metal in the shape of a button on the rifle, like in every other State. In other words, it's a mag release.

There's other very detailed rules about what sort of accessories and blah blah blah can be on the rifle for it to need this "retard button removal" treatment.

Many are sold as "tools" that aren't attached to the rifle, and those are generally legal.

Anyway... those details don't matter except that the average juror in CA doesn't know what a rifle even is, let alone how a mag release works.

You need to be hitting up pro-firearms forums looking for an attorney who can assist at either low or no price, or who'll happily take payments later because they want to help out in a firearms case like this one.

The retard level of the law is already so far off the scale on this stuff in CA that the meter measuring it has had the needle pegged off scale high for decades and the coil on the meter is starting to smoke. Attempting to do battle with that level of stupidity in court and getting dragged into the minutiae of a $0.50 piece of metal smaller than your thumb, being replaced by a magnet, is so insane, you need to seek an attorney that knows this stuff in CA.

I'd go post this on CalGuns if I were you. The aviation stuff is completely secondary.
Click to expand...

Thank you, but let's just say I plea guilty and get it expunged, what are my chances with the FAA and tsa and regionals letting me fly?
 
Let's see....a weapon that wasn't yours, in a residence that wasn't yours, and YOU were arrested?

Get an attorney. A good one. Having a firearms related conviction on your record has some very long lasting consequences, the least of which involve flying. Expungements work differently in different states, don't believe for a moment that if it's "expunged", it's the same as if it never happened.
 
Definitely go onto the local gun forums. You can also try contacting the NRA. There are a lot of pro 2A groups out there that may be willing to help, or to point you in the right direction.

There is a good chance that the reason LE was in the residence is going to have a bigger impact than the controversial mag button. The circumstances around how they found it are important.

Whether you find one through the groups or on your own, you need an attorney.
 
There is more to this than you are willing to air out for sure. DOJ doesn't just show up at your door.

You need to shut up, quit being a whiney girl and get a friggin lawyer. If you think for one second a plea will erase a gun charge from your record you are living with unicorns and butterflys.


Your only hope ever is to fight it. if you plea, your assss is done for ever.

An DAs/AUSAs offer pleas for several reasons. the case is weak, they want the easy conviction stat. , or they don't want to spend the time and money on the case.

Get in touch with calguns foundation and lawyer up.
 
Reedster said:
There is a good chance that the reason LE was in the residence is going to have a bigger impact than the controversial mag button. The circumstances around how they found it are important.
Click to expand...

Unit74 said:
There is more to this than you are willing to air out for sure. DOJ doesn't just show up at your door.
Click to expand...

That and this.
 
Terry L in KY said:
Let's see....a weapon that wasn't yours, in a residence that wasn't yours, and YOU were arrested?

Get an attorney. A good one. Having a firearms related conviction on your record has some very long lasting consequences, the least of which involve flying. Expungements work differently in different states, don't believe for a moment that if it's "expunged", it's the same as if it never happened.
Click to expand...

What are some of the lasting consequences? I'm just curious.
 
Vito said:
Hello everyone, I'm new here, but I thought this would be a good place to seek help and knowledge.

I was dating a girl that owned an ar 15 and one day I came home from class and DOJ officers were in my girls place and when I came in they told me to sit and then arrested me and her for possession of an assault rifle ( California made ar15) they found a bottom magnet which supposedly turned it into an assault rifle. Now the DA is offering me to plea guilty with one year of probation and then expunged it after the one year. I'm 30 years old and never be arrested and I don't even know anything about weapon or their laws, and I'm getting my bs is aviation and flight training at San Jose state university.

Now my question is what are my chance passing FAA and TSA and starting with regional.
I'm a flight student that was born to fly and I have very good moral character my whole life till i ran into this girl. Please let me what u think of my chances and any advise ..thank you
Click to expand...
L-A-W-Y-E-R...the sooner the better.
 
Hmmm getting a degree and going to flight school but no money for a lawyer...
 
Well it's not illegal, just a illegal law, too bad that CA is too pansey to just nullify every unconstitutional case brought before them.
 
Shocked this thread hasn't devolved into a 2A shout fest. Good on you guys.
 
Whatever your stance on the second amendment may be, few disagree with the notion that, in order to be convicted of a crime, you should first have committed the crime; and (perhaps greatest), that the state should be made to prove it beyond a reasonable doubt.
 
The only thing right here is the fact that he needs a good lawyer.

"It isn't mine" isn't a defense to a POSSESSION charge. The key here is KNOWINGLY in the statute. If he was in the house and didn't know that another's weapon was illegally present, then that is a defense.


I suspect you're talking about something like the MagMagnet (the term for the trigger assembly is the "lower" by the way, not the "bottom"). This allows you to override the California requirement as to the "quick change" nature of the magazines. Again, a lawyer versed in guns will challenge all he can: whether the gun really doesn't comply with California law, the validity of the search, and whether the gun was in your constructive possession or not.
 
go to ar15.com and ask the question. also add in your post whether this is a fed or state crime/court/case .
 
Unit74 said:
There is more to this than you are willing to air out for sure. DOJ doesn't just show up at your door.

You need to shut up, quit being a whiney girl and get a friggin lawyer. If you think for one second a plea will erase a gun charge from your record you are living with unicorns and butterflys.


Your only hope ever is to fight it. if you plea, your assss is done for ever.

An DAs/AUSAs offer pleas for several reasons. the case is weak, they want the easy conviction stat. , or they don't want to spend the time and money on the case.

Get in touch with calguns foundation and lawyer up.
Click to expand...
This.....get off the internet and get a lawyer. Even Doc Bruce cant fix this....o_O
 
When he says "bottom" he means "lower" (the name for the trigger mechanism of the AR15 and the part with the serial number ... sort of the data plate of the gun). Magnet most likely refers to something like the MagMagnet. In order for an AR15 to be a legal (non-assualt) rifle under the current California law, it can not have a replaceable magazine. Normally, you push a button on the side of the lower and you can remove (well actually usually it just drops) the magazine and swap it with a new loaded one. In a California-compliant gun you have to load the magazine through the ejection port. There are a number of "hacks" like the mag magnet that allow you to pull the magazine withou using tools (which is what the law requires).
 
Get a lawyer. It doesn't matter what it costs. Plea = guilty whether you are or not to the FAA and TSA. Without a lawyer, you don't have a career in flying.
 
While the weapons charge isn't on on the TSA bar for SIDA badges, etc... you really don't want such on your record.
 
flyingron said:
In a California-compliant gun you have to load the magazine through the ejection port. There are a number of "hacks" like the mag magnet that allow you to pull the magazine withou using tools (which is what the law requires).
Click to expand...

Not true. The loading does not have to go through the port. The mag cannot be released without the use of a tool. Ive got a couple bullet buttons in my safe right now. Ive been out of the state for about 5 years now, but when I was there, did have "compliant" rifles. The ones using a magnet were legal when I left. It is considered a tool.

I did hear that Cali recently passed a law about simple possession of a mag over 10 is now against the law. Haven't looked into it, but if they did, they just criminalized millions of tax paying, law abiding, American citizens and a defacto 5th Amendment violation. You cannot make property against the law and then arrest a person for possession of the property without just compensation. Its one of the founding principals of the Constitution, eg, clause 39 Magna Carta.

Cali is ripe for a SCOTUS smackdown soon. Very soon.
 
Hmmm, all very interesting. California stupid, but interesting. I was about to call BS, but thanks Nate for the explanation.

To the OP, in case you missed it...get a lawyer
 
Perhaps I phrased that badly. In the field you either load through the port or you use a tool to release the magazine.
Things have since you've been out of state. The bullet button has specifically been ruled illegal.
 
flyingron said:
Perhaps I phrased that badly. In the field you either load through the port or you use a tool to release the magazine.
Things have since you've been out of state. The bullet button has specifically been ruled illegal.
Click to expand...

Ones I have you stick the bullet in to release. You saying Cali now made those illegal too?
 
Unit74 said:
Not true. The loading does not have to go through the port. The mag cannot be released without the use of a tool. Ive got a couple bullet buttons in my safe right now. Ive been out of the state for about 5 years now, but when I was there, did have "compliant" rifles. The ones using a magnet were legal when I left. It is considered a tool.

I did hear that Cali recently passed a law about simple possession of a mag over 10 is now against the law. Haven't looked into it, but if they did, they just criminalized millions of tax paying, law abiding, American citizens and a defacto 5th Amendment violation. You cannot make property against the law and then arrest a person for possession of the property without just compensation. Its one of the founding principals of the Constitution, eg, clause 39 Magna Carta.

Cali is ripe for a SCOTUS smackdown soon. Very soon.
Click to expand...
It isn't an ex post facto law because they are criminalizing possession in the future. Prior to that, you have the "opportunity" to sell your stuff to a dealer or destroy it in order to remain legal. Dumb, but technically hunky dory.

OP, you need to be on calguns asap.
 
Vito said:
I can't afford a lawyer and if I don't take the plea and loss to a jury I'm looking at possible jail time and I will never get it expunged
Click to expand...

You cannot afford NOT to have a lawyer in this situation. Beg, borrow (though don't steal) the necessary funds. You're facing serious charges, you don't understand the law, and your adversaries are skilled professionals. Even a public defender at this point would be better than nothing (some PDs are very good). If you've been charged with a crime punishable by jail time, you're (probably/usually, this is a little complicated) entitled to a court-appointed lawyer. You absolutely need that lawyer. You shouldn't be talking to the authorities or posting about this online. The only words you should speak about this matter going forward, unless they're to your lawyer, are "I want a lawyer" or "talk to my lawyer."
 
Thanks guys I will keep u updated.
 
The FAA (not sure about individual pilot employers) is fickle about what things will black list you. One person may have had a seemingly bad discrepancy in their past and be okay while another with a seemingly lesser past event is no good. If you are all in on being a professional pilot (sounds like you are) or air traffic controller, you would be best served ensuring it's never on your record. Additionally, they don't care about expunged...they will still ask you if you've ever been arrested/charged and I doubt there will be zero record, if you lie about it you are 100% done forever. For what it's worth, in my opinion this would be in the realm of a really bad thing on your record. As others have repeatedly said get a lawyer. Unfortunately in life, those you associate with can just as easily ruin your future as you can.
 
Thank you, so an expunged record will not stop me from becoming a professional airline pilot?
 
Nothing is completely expunged. If you get convicted on this, you will answer 18w YES. Now you can explain it to the first AME you run into and hope that PRNC will suffice going forward, but it's always fair game for an AME to ask you to explain yourself. While you might be able to have an aviation career with such a history, the best outcome is to avoid this conviction period.

When the cops say that it will be easier if you just plead guilty, they mean it will be easier for them. It's not in your best interest.
 
Vito said:
Thank you, so an expunged record will not stop me from becoming a professional airline pilot?
Click to expand...
Sorry if what I wrote didn't make sense. I'm saying that I would NOT trust the expunged thing. The FAA will ask if you've ever been arrested/charged. You then, thinking you were "expunged", say no. I wouldn't bet the rest of my life's career that they don't find a record of it. When they do, you are done forever for lying. If you say yes. They will then ask the outcome of the arrest/charge. You say you took a plea because they promised it would be expunged will probably still be detrimental for you considering the charge. Wrong state/situation for you to be in.
 
U are right and thank you
 
Unit74 said:
Ones I have you stick the bullet in to release. You saying Cali now made those illegal too?
Click to expand...

Yes, well starting next July I believe it is. But yes, bullet buttons will be illegal in Cali.
 
flyingron said:
When the cops say that it will be easier if you just plead guilty, they mean it will be easier for them. It's not in your best interest.
Click to expand...

Exactly. A plea "bargain" may mean the prosecution may think they do not have a solid case, so if you agree to plead guilty, then they do not have to present a case.
 
ARFlyer said:
What are some of the lasting consequences? I'm just curious.
Click to expand...
I don't believe I can state any with proof/authority. I simply know that different states handle expungments differently, and dispose/seal/destroy in a variety of ways. This is a serious charge that may well prevent one from owning/possessing firearms, voting, holding an office or position of trust in the future. I simply wouldn't take the police/DOJ's word that, "it'll be fine...plead guilty, and you can have it expunged". The police/prosecutors do NOT have the defendant's best interest in mind.
 
You must log in or register to reply here.
Back
Top