what the *$#! is a zipp gun?

[ncoke]

What is the name of your state? california
My freinds shop was raided under the guise of the local blighted property/health code ordanance.The police busted down the door and held every one down at gun point and proceeded to look for an imagined "meth lab". When they didnt find what they thought they would it got weird.With no warrant they seized all of his tools and claimed they were stolen .Heres the weird part in a box of cb radio stuff was a stock unmodified ariel antanna that the police claim could be used as a gun.My freind has a felony in his past so is not allowed fire arms.So then it goes to court jury trial , his attorny convinced him it would be better not to put up a defense cause it would make him look like he was covering somthing.
Besides the gun/antanna thing was just too bizzare to be real.....but it was.My frend was convicted by jury of felon manufacturing a firearm amongst a whole list of lesser charges (stolen property ect.) hes in jail now sentenceing is on monday.what can he do? and WHAT THE %$#@! IS A ZIP GUN?

 

[JETX]

what can he do?

Sounds like he is going to get to learn the metal stamping trade.

and WHAT THE %$#@! IS A ZIP GUN?

Zip gun is a term used for a crude, illegal, improvised firearm, usually a handgun. Zip guns are almost always single-shot, and often one shot, as the improvised construction makes them weak enough to be destroyed by the act of firing. Many zip guns use black market commercial ammunition, which is usually more easily obtained than black market firearms, but a zip gun could use improvised ammunition as well. Zip guns are usually smoothbore, unless they are built using barrels salvaged from other firearms.

 

[ncoke]

wouldnt it of needed to be modified?wouldnt it need a bullet? it was seriously just a cb antannae

 

[CdwJava]

He has been convicted and is awaiting sentencing. It's a little late now to be thinking about options.

He can always fire his attorney and see if a new attorney can withdraw the deal. Or he can tell his attorney to withdraw the deal and see if they can do so.

Per PC 12020(b)(10):

(10) As used in this section, a "zip gun" means any weapon or
device which meets all of the following criteria:
(A) It was not imported as a firearm by an importer licensed
pursuant to Chapter 44 (commencing with Section 921) of Title 18 of
the United States Code and the regulations issued pursuant thereto.
(B) It was not originally designed to be a firearm by a
manufacturer licensed pursuant to Chapter 44 (commencing with Section
921) of Title 18 of the United States Code and the regulations
issued pursuant thereto.
(C) No tax was paid on the weapon or device nor was an exemption
from paying tax on that weapon or device granted under Section 4181
and Subchapters F (commencing with Section 4216) and G (commencing
with Section 4221) of Chapter 32 of Title 26 of the United States
Code, as amended, and the regulations issued pursuant thereto.
(D) It is made or altered to expel a projectile by the force of an
explosion or other form of combustion.

I cannot imagine that they would have just picked up a CB antenna and charged him for 12020 without some good cause. They either had someone tell them how he used it as a gun, or that he explained to others how it could be used as one, or there was powder residue ... there was something besides a simple antenna that gave rise to this whole thing. Obviously you are not privy to all the details - particularly those on the prosecution side of the aisle.

- Carl

 

[ncoke]

it was most definetly just an antannae I saw it .there was no powder residue or bullets found.I agree the attorny should be fired but isnt it to late? what do you mean by deal?
A jury convicted him.How long do you think hell get?this is very sad.

 

[CdwJava]

it was most definetly just an antannae I saw it .there was no powder residue or bullets found.I agree the attorny should be fired but isnt it to late? what do you mean by deal?
A jury convicted him.How long do you think hell get?this is very sad.

My bad - I missed the part that said he was convicted by a jury.

At this point I would think he might want to consult another attorney as I would think his only hope would be that he could appeal based on incompetent counsel ... but, a decision on a particular defense is a discretionary one and may not be seen as incompetence.

What evidence did the state bring forth at trial to show that the antenna was indeed being used or intended to be used as a firearm? Certainly they showed something?

How much time he gets will be a factor of his record and specifically what offense he has been convicted of. PC 12020 can be punishable as a misdemeanor or a felony (though it is usually charged as a felony). If punished as a felony without enhancements he can be sentenced to prison for 16 months to three years.

- Carl

 

[JETX]

Carl, look at this idiots 'name' on the forum. He is clearly a coke-head punk, clearly with a limited education and a skewed sense of right and wrong. You can reason with him until you are blue.... he still won't understand it.
The simple fact is.... there was sufficient evidence to support the charge. There was sufficient evidence to support a conviction by a jury. There is no obligation to try to explain the obvious to this idiot.

 

[CdwJava]

It's a slow morning ... my coffee hasn't kicked in yet ... so I have a few minutes to spare.

Obviously there was SOMETHING to the charge or it never would have gone this far. A simple "CB antenna" is not going to be mistaken as a "zip gun". There is much more to the tale. Just in the back of my head I can think of a few ways to convert a wide antenna into a gun ... I wouldn't want to try firing it, but I can think of a few ways to do it.


- Carl

 

[ncoke]

hey jetx, Coke is my last name!... I was born with it ! as far the rest of the story its to scary to even get into but thanx anyway for your time.

 

[JETX]

Obviously there was SOMETHING to the charge or it never would have gone this far. A simple "CB antenna" is not going to be mistaken as a "zip gun". There is much more to the tale. Just in the back of my head I can think of a few ways to convert a wide antenna into a gun ... I wouldn't want to try firing it, but I can think of a few ways to do it.

Yep. Like you, I have seen some mighty weird weapons... zip guns made from pen barrels, explosives made from aluminum foil, knives made from toothbrushes and even from fluorescent light bulbs.... criminals will use just about anything to make a weapon. And yes, they will then often lie or deny their clearly obvious use.

 

[ncoke]

anything can be used as a wepon.the antenae was not modified.the harassement in this case is unbelievable. Quite simply my friend was set up,theres no law north of the klamath.
The powers that be here can do whatever they want and if your not affluent your not welcome and if you got somthing they want i.e. property they can make up anything to send you to prison while they seize it.It looks as if theres nothing one can do about it except mabey join em ......now thats a skewed sense right and wrong or screwed sense of right and wrong.....while were on that subject jerkx i mean jetx ..... the way you put me down was wrong....right?.....or am I not right to feel wronged.

 

[CdwJava]

I must have missed the response where you pointed out what the state showed to prove that the antenna was a "zip gun".

They had to present SOME evidence. What was it?

And I am aware of the county which you speak of and the juries there are pretty stubborn. If the DA was unable to prove the case, the jury would have acquitted in a heartbeat. Apparently there was evidence presented and unable to be refuted. What WAS that evidence?

- Carl

 

[justalayman]

anything can be used as a wepon.the antenae was not modified.the harassement in this case is unbelievable. Quite simply my friend was set up,theres no law north of the klamath.
The powers that be here can do whatever they want and if your not affluent your not welcome and if you got somthing they want i.e. property they can make up anything to send you to prison while they seize it.It looks as if theres nothing one can do about it except mabey join em ......now thats a skewed sense right and wrong or screwed sense of right and wrong.....while were on that subject jerkx i mean jetx ..... the way you put me down was wrong....right?.....or am I not right to feel wronged.

the prosecution apparently convinced the jury as to how and why the antennae can and was used as a zip gun.

So now to claim no justice, you are going to have to include the jurors were in on the whole deal. Come on guy, you either do not have all the truth or you refuse to believe it.

Oh my god, the whole world is against me. This is what you sound like right about now. Do you realize that paranoia is treatable?

 

[ncoke]

all they had was a so called wepons specialist demonstrate how this item could be modified into a gun.Just because I might be paranoid dosent mean theyre not out to get me.

 

[CdwJava]

Well I could demonstrate with a paperclip, and a rubber band how the tube of my metal pen could be converted to a firearm as well.

Come on ... they had more than a "could". They had statements of his intent, materials, plans, drawings, witnesses - something. They did not raid his business, find an antenna, and then sit up all night coming up with some story about how it COULD be made into a zip gun.

Perhaps you'd care to link to a story on the subject?

Since he was also convicted on possession of stolen property and related charges, it might also seem that this is a moot point anyway.

- Carl