Marijuana cultivation with firearm charges(doh!)

What is the name of your state? Louisiana

Our lovely local narcotics unit recently searched my house while i was working offshore and found a good deal of marijuana plants in addition to my firearms(one AK-47 and one hunting rifle, both legal). The search was consented to by some folks who were housesitting for me. I have a couple of questions that I would appreciate some advice on. First, I haven't been charged by the Feds yet, is it possible they won't pick up the case?(I've no priors). Second, does the fact that the guns were sitting in the house in there cases mean I used them to commit a felony? The only things i have been charged with is cultivation and and (this is a weird one) possesion of a firearm in the presence of a dangerous substance, both state charges. Serious charges, but no 10 year mandatory sentence. I would appreciate any legal advice and/or smartass remarks any of you fine folks would care to share with me.

'Officer, Thems tomato plants'

Unless you have a Federal permit for a machine gun, that was not a legal AK-47. More than likely it is not an AK-47, but a rifle that looks like one. Perhaps an AK-S or one of many other models that people call "AK-47"?

Semi-automatic assault rifle, with the exact same configuration as an ak-47 except without the gas tap, sold as AK-47s. I assumed some folks on this forum wouldn't be familiar with the term SAR-1 (the romanian semi-auto model) and so used ak-47. So, no, not a true AK but a legal semi-auto copy. hope that clears it up.

I am not a lawyer. this is not meant to be legal advice. the information contained within is the opinion of the poster with no grounding in fact or reality. as such is not to be construed as anything other than ramblings of a possibly unsound mind.

1.) get a lawyer.
2.) discuss plea bargains and diversion programs with your lawyer.
3.) be prepared to spend some time in the pokey. Your lawyer can give you an idea of what sentencing for your type of offense is in your area. But DA might be willing to work with you a little bit if they avoid expese of trial.
4.) be prepared for rogue hanging judge that slaps maximum sentence on you for being a menace to society growin' that there evil marajahootchy loco weed.
5.) next time be sure to be an active member of maryjane for the masses, and wait to grow when its legal to do so.

6.) I don't think this time you and your brother are gonna be left sittin' there smiling on that sack of seeds......

"Our lovely local narcotics unit recently searched my house while i was working offshore and found a good deal of marijuana plants in addition to my firearms(one AK-47 and one hunting rifle, both legal)."
*** Contrary to some peoples posts, an AK-47 (even a real one) is not banned from ownership. The 'Violent Crime and Law Enforcement Act of 1994' (US Code, Title 42, Chapter 136) does not ban ownership of these guns. It only bans the manufacture and importation of designated 'assault weapons' (as defined in 18 USC 921).

"First, I haven't been charged by the Feds yet, is it possible they won't pick up the case?(I've no priors)."
*** That would depend on what, if any, federal laws might have been violated.

"Second, does the fact that the guns were sitting in the house in there cases mean I used them to commit a felony?"
*** Who said that they were used in a felony?? Nothing in your post indicates that charge as appropriate.

"The only things i have been charged with is cultivation and and (this is a weird one) possesion of a firearm in the presence of a dangerous substance, both state charges."
*** Why is that a 'weird charge'??

"Serious charges, but no 10 year mandatory sentence. I would appreciate any legal advice and/or smartass remarks any of you fine folks would care to share with me."
*** I guess we have a different perspective of 'serious'?? To me, the penalty for the charge you list is pretty damn serious!!
According to the Lousiana Revised Statutes (RS 14:95):
"E. If the offender uses, possesses, or has under his immediate control any firearm, or other instrumentality customarily used or intended for probable use as a dangerous weapon, while committing or attempting to commit a crime of violence or while in the possession of or during the sale or distribution of a controlled dangerous substance, the offender shall be fined not more than ten thousand dollars and imprisoned at hard labor for not less than five nor more than ten years without the benefit of probation, parole, or suspension of sentence."
Source: http://www.legis.state.la.us/tsrs/tsrs.asp?lawbody=RS&title=14&section=95

Seems pretty damn serious to me!!

JETX said:

[B*** Contrary to some peoples posts, an AK-47 (even a real one) is not banned from ownership. [/B]

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Look up fully operational automatic rifles. They, as well as machine guns and machine pistols, require a Federal license, nontransferable with all taxes paid, to be possessed legally. That is all I posted.

And not all AK-47's are fully automatic. And those are not banned.

In any case..... as noted in the cited Code, the OWNERSHIP of an AK-47, in itself, is NOT banned by the Act.

JETX said:

And not all AK-47's are fully automatic. And those are not banned.

In any case..... as noted in the cited Code, the OWNERSHIP of an AK-47, in itself, is NOT banned by the Act.

Click to expand...

Just for argument;
If it is NOT fully automatic it is NOT an AK-47. If it is NOT fully automatic it is NOT an M-16. The ownership of an unlicensed full automatic rifle is illegal.

Not to belabor the point (more than it already has been), there are over a dozen different manufacturers of this weapon.... and its clones. And not all of them are true AK-47's. For example, the AK-74, SKS, AKM, etc. are all 'generically' AK-47's, but have different features. Finally, as noted earlier in my post, AK-47's are made in both fully automatic AND as semi-automatic versions (and selective). Simply stated, owning an AK-47 is not illegal in itself. And not all AK-47's are fully automatic. And yes, I have two of them.

For more, I suggest you go to:
http://linx310.nothingbutguns.com/model.htm
http://world.guns.ru/assault/as01-e.htm
http://www.alpharubicon.com/leo/akseries.htm

JETX said:

Not to belabor the point (more than it already has been), there are over a dozen different manufacturers of this weapon.... and its clones. And not all of them are true AK-47's. For example, the AK-74, SKS, AKM, etc. are all 'generically' AK-47's, but have different features. Finally, as noted earlier in my post, AK-47's are made in both fully automatic AND as semi-automatic versions (and selective). Simply stated, owning an AK-47 is not illegal in itself. And not all AK-47's are fully automatic. And yes, I have two of them.

For more, I suggest you go to:
http://linx310.nothingbutguns.com/model.htm
http://world.guns.ru/assault/as01-e.htm
http://www.alpharubicon.com/leo/akseries.htm

Click to expand...

If you go to those web pages you may understand that you are wrong. I did not see them state anywhere that any AK-47 was produced semi-auto. I did see that they show you that the other rifles you mention are not AK-47's. OJ Simpson was aka "The Juice," but that didn't make him juice or get him called that in court. You should say that these rifles are all generically AK's, because AK-47 denotes a specific automatic rifle, no matter who manufactures it.

Lets make this simple.....
1) All AK-47's (or look alikes) are NOT fully automatic.
2) Ownership of AK-47's (or their look alikes) is NOT illegal.

"I did not see them state anywhere that any AK-47 was produced semi-auto."

From the first link that I provided:
"A SAR-1 is a post-ban Romanian semi-automatic AKM (aka AK-47) clone."
"A Romak 991 is a post-ban Romanian semi-automatic AKM (aka AK-47) clone."
"A Romak 1 is a post-ban Romanian semi-automatic AKM (aka AK-47) clone,"
"A WUM I is a post-ban Romanian semi-automatic AKM(aka AK-47) clone."
"A WASR-10 is a post-ban Romanian semi-automatic AKM (aka AK-47) clone."
And so on.....
If you are trying to argue that these are NOT true Ak-47's, you are correct. But these are ALL variants of the true AK-47.. which was also manufactured as a semi.
If you want to buy one of these (the original RUSSIAN model in semi), go to:
http://www.impactguns.com/store/ak47_rpk.html

BTW, the federal law requiring registration of machineguns (The National Firearms Act) defines them as follows:
"A fully automatic weapon (a machine gun) is one that fires a succession of bullets so long as the trigger is depressed or until the ammunition supply is exhausted. In addition, any weapon that shoots, is designed to shoot, or can be readily restored to shoot automatically, more than one shot at a time by a single trigger pull, is legally considered to be a machine gun. "
A semi-automatic AK-47 (or its variant) does NOT meet this definition!!

And in closing, it is clear that you have NO direct knowledge of these weapons..... and, with this post, I will cease this off-topic attempt to show you that your statement of "Unless you have a Federal permit for a machine gun, that was not a legal AK-47" was not absolutely correct.

[/B][/QUOTE]

JETX said:

Lets make this simple..... If you are trying to argue that these are NOT true Ak-47's, you are correct.

Click to expand...

It is technically the receiver that makes a firearm what it IS and an AK-47 receiver is made select fire (capable of automatic fire).



[/B][/QUOTE]

JETX said:

...it is clear that you have NO direct knowledge of these weapons.....

Click to expand...

I would bet I've reloaded more 7.62X39 rounds than you've ever fired.

I can hardly wait to hear you say, "AK-47 rounds are Berdan primed and can't be reloaded."

You simply are either too stubborn to admit your wrong.... or to ignorant to know the difference. Simply, I know what is right and that is good enough for me (and very likley anyone else who has taken the time to follow this continuing diatribe).

In any event, I have no dog in this fight. I am moving on and spending my valuable time on more sensible and logical issues.

It was a semi-automatic assault rifle, enough said. In Louisiana despite the 5-30 described in the law most first time growers get probation and/or suspended sentence. State judges can often deviate from the proscribed sentences while Federal judges cannot. Both Federal and State laws were violated(There are Federal laws against marijuana cultivation as well). However, as the evidence was discovered by the local police the Feds are not involved yet. There are Federal laws against damn near everything there are State laws against but not everything goes to a Federal court. I guess im just wondering about the quirks of Federal prosecution, how they decide what cases to prosecute etc. Thank you.