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  1. #1
    Join Date
    Oct 2007
    Posts
    5

    Default Possession of an AK47

    Ok. I am 17 years old. I bought a AK47 off the streets. I accidently talked about it over the phone and I think I called a phone that was tapped. A criminal investigator came to my house and accused me of having the gun. He searched my room and found it. Now I have no recent charges this is my first time getting into trouble. Sadly I do not attend school, but is going to find a job before the court date. Now everyday since it happend (October 2) I have been scared shitless that I am going to jail so there is a few questions I have and would like some answers if possible.

    The phone I called was so-say tapped. Does that mean whatever I said was recorded or just overheard?

    What ever I said over the phone, if it was recorded, it happend before I signed a paper with my rights on them, does this mean they could use the recording (if they have one) in court against me?

    When the investigator talked to my friend about it, he actually told him that my phone was tapped. If your phone is tapped, don't you have to agree with it right. It has to go through some sort of paper work saying why my phone is tapped.

    When the investigator searched my room he actually found the gun, but said nothing. He simply walked back out my house and back to his car, while he was outside my sister took the gun and put it in her room, he came back asking where the gun was and my sister ended up fessing up. She was charged with Obstructive Justice.

    So me and my sister are pretty good kids. I just so happend to buy this gun off the streets simply for protection of my family. I know it was wrong and that I shouldnt have done it. But other than that, I have court in December, and we are in October. I am scared shitless cause I think I just may go to jail and have gotten my sister into some mess. Could someone please tell me my chances and maybe answer my questions. thank you.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    73,014

    Default Re: Possession of an AK47

    What state are you in, and are you charged as a juvenile or as an adult?
    Quote Quoting JuggaloSebs
    View Post
    The phone I called was so-say tapped.
    How did you come up with that term and what do you think it means?

  3. #3
    Join Date
    Sep 2007
    Posts
    14

    Default Re: Possession of an AK47

    It's possible that you were buying the rifle from an informant. That, or you associate with a crowd whose "colorful" history and association with a bad crowd draws a lot of scrutiny from the police.

    You may want to change your social circle.

    As for the phone tap thing; if they have PC to plant a tap, they have pretty broad lattitude when it comes to getting a warrant. There is no requirement to inform you, the citizen, of the investigation.

    As for your sis taking the gun from your room and putting it in hers, while the intent of one family member protecting another is honorable, hiding an illegally posessed firearm is kinda... dumb... and is very much an obstruction of justice.

  4. #4
    Join Date
    Oct 2007
    Posts
    5

    Default Re: Possession of an AK47

    ok not exactly the answers I needed.
    Um.
    I am just wondering if I tell the court that I bought the gun for my, and my familys protection would they not be as harsh as if I told them something like I needed a gun, you know? Another thing, I signed a maybe two papers when the private investigator came and one was a long sorta slip stating at the top, "LOUISIANA UNIFORM TRAFFIC & COMPLAINT" and beneath that it states SUMMONS. Now my court date is in December, does this mean when I show up it will be more like an interrogation or just a show up and found out my fine?

  5. #5
    Join Date
    Aug 2007
    Location
    Texas/Tejas
    Posts
    1,878

    Default Re: Possession of an AK47

    Did the police officer have a warrant? Or did you just open the door and let him in? Never let a cop in your home with out a warrant!

    December will be a arraignment hearing. This is where they make you a deal (usually probation and a lot of fines). You can choose to accept this, or you can seek judgment from a jury of your peers.The actual TRIAL can take a long time. My DWI trial took 8 months, but my peers gave me a lesser sentence then the DA offered.

    Get a lawyer, DON'T say anything to the DA, and never waiver your constitution RIGHTS. If you cannot afford a lawyer, one will be appointed by the courts.

  6. #6
    Join Date
    Oct 2007
    Posts
    5

    Default Re: Possession of an AK47

    Actually the investigator just showed up and knocked on the door. I was not home at the time this happend. He told my mom that he could do this the easy way or the hard way so my mom dosent really like to escalade things.

    So yes about the hearing. I am just hoping that I can show up and arrange a deal to be on probation and pay a fine, as long as theres no jail time involved.

  7. #7
    Join Date
    Aug 2007
    Location
    Texas/Tejas
    Posts
    1,878

    Default Re: Possession of an AK47

    Quote Quoting JuggaloSebs
    View Post
    Actually the investigator just showed up and knocked on the door. I was not home at the time this happend. He told my mom that he could do this the easy way or the hard way so my mom dosent really like to escalade things.

    So yes about the hearing. I am just hoping that I can show up and arrange a deal to be on probation and pay a fine, as long as theres no jail time involved.
    Doubt you'll go to jail. You have no priors right? Probation is most likely the case.

    But why not go with a jury of your peers? It's your best chance to avoid a conviction. A jury will most likely give probation as well. AND there is always the possibly of a NOT GUILTY verdict.

  8. #8
    Join Date
    Oct 2007
    Posts
    5

    Default Re: Possession of an AK47

    probation?
    better than getting locked up.

  9. #9
    Join Date
    Jan 2006
    Posts
    27,024

    Default Re: Possession of an AK47

    1752. Handling of machine guns unlawful; exceptions
    No person shall sell, keep or offer for sale, loan or give away, purchase, possess, carry, or transport any machine gun within this state, except that: (what I redacted does not include you or your situation)
    1755. Penalty

    B. Any person who violates R.S. 40:1752 shall be imprisoned at hard labor for not less than one year nor more than ten years.
    Since an AK-47 is an automatic weapon, there is the possibility of federal charges as well.

    sis was stupid given the fact the officer already saw the weapon. you were stupid to allow her to do it as well.

  10. #10
    Join Date
    Aug 2007
    Posts
    13

    Default Re: Possession of an AK47

    The probability of the rifle in question ACTUALLY being an AK47 that is capable of selective fire (capable of full auto mode) is extremely remote, and would have cost the young man thousands of dollars.

    He probably has a AK47 lookalike rifle which fires only in semiautomatic mode.

    In 6 years in a major metropolitan crime lab, I saw three fully automatic weapons (out of thousands of firearms to test), and none of them were actually AK47 type rifles.

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