A fellow gun owner needs help

[madcratebuilder]

I'm posting a copy of this e-mail I recieved. This is a rotten deal that happened to Don. Please take the time to read and help if you can.

You are receiving this because you are subscribed to http://www.calguns.net/, California's premier 2A webforum.
(CGNN) - CA. 9:59PM 12-15-2008.
The Cagluns Foundation will be supporting Don Anderson, and assist his defense from a wrongful arrest and persecution for doing nothing more than owning perfectly legal firearms.
Please see this thread for more information: http://calguns.net/calgunforum/showthread.php?p=1762134
The Calguns Foundation is engaging Trutanich • Michel, LLP one of the best 2A and RKBA firms in the state. Once The Calguns Foundation's 501(c)3 application status is complete, your donation will retroactively become tax deductible, and we will (e)mail you paperwork to effect that deduction.
Please donate to The Calguns Foundation:
Donate via a Credit Card or Paypal or use the email address [email protected] for Paypal.
If you don't want to use Paypal and want to send a check or online bill payment, please send it to:
The Calguns Foundation
3200 Bridge Parkway Suite 202C
Redwood City, CA 94065
Make checks payable to "The Calguns Foundation." Please include your email address or Calguns handle so that we can send you a thank you letter for your tax deduction once our 501(c) status is complete. Also, we would like to track folks who are donating to support this case, so please write "Don Anderson's Case" on the memo line.
Two very important disclaimers as always.
1) The Calguns Foundation is still in the process of applying for its tax exemption. Should it receive that exemption (and it expects to), your donation will be retroactively tax deductible, and we will (e)mail you paperwork to effect that deduction.
2) Second, The Calguns Foundation is not your personal insurance carrier. There is no guarantee that we can or will defend any given situation, so you are thus always proceeding at your own risk.
Finally, please don't speculate on the details of this incident in this or other threads (even on other forums) as it serves no purpose, and may actually harm the case. Suffice it to say, there are some extra items about this case that make it more interesting for our side.
-Ben Cannon
Treasurer, Board Member.
The Calguns Foundation
http://www.calgunsfoundation.org/
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[Shung]

This story is unbeliveable ! Do they have so much time in California, to waste it in suing the honest people instead of criminals ? I'll see if I can make a paypal..

 

[Double Naught Spy]

This story is unbeliveable ! Do they have so much time in California, to waste it in suing the honest people instead of criminals ? I'll see if I can make a paypal..

Note that you have only one side of the story and that this story has been greatly manipulated for maximum dramatic effect, assuming all the details are in fact accurate. I have never understood why requests for help are written in such a manner so as to be full of ancillary (but emotionally charged) information so as to obscure the relevant facts. The whole business about the guy dying of cancer is just to set a whole Sally Struthers'esque tone. Nobody should ever be surprised that guns are pointed at them if they are raided by SWAT. SWAT doesn't bring chocolates and flowers. If you do get arrested, it could happen in front of your wife if she is there with you. In short, these are included not because they are relevant to the issue of Don Anderson's rights being violated (which they aren't), but to create an emotional framework for the purpose to make you feel more generous.

LOL, I always find it funny when pro-gun organizations use an anti-gun organization like PayPal. Weren't we all supposed to boycott Paypal starting years ago because of their anti-gun views and refusal to allow PayPal to be used for gun-related transactions?

Rarely are such cases as one-sided as claimed. Don Anderson may have been done wrong, but I would be willing to bet there is much more to the story than is presented here.

 

[Shung]

well, fighting anti-gun actions using paypal seems the most ironical way to go to me !

You are right on emotional statements though.. but I must admit that i didnt take them into account and only focused on the facts.. Someone owning guns, legally it seems, and not hurting anyone, being treated like the worse criminal..

again, they may be weird things on that case, but to me it looks more like administratives mistakes (from one side or another) which didnt require such a response from the authorities..

 

[JDoe]

Contribution sent.

I don't know Don but it has been my experience that Calguns tends to support "good people" in cases that are winnable and will have a positive effect upon the rights of all law abiding gun owners.

Here is a little more info for those that haven't clicked on links...

Friend in need.
08 Dec 2008 / Legal, Links, Political

When I lived in Southern California, I began to get into long range target shooting. Through this hobby I met Tom Miller and Don Anderson, two of the nicest people you will ever meet. Tom is a retired ATF agent and FFL dealer. I bought my EDM Arms Windrunner through Tom as well as both of the Nightforce scopes that I own. His prices and most of all his friendly service are second to none.

Don was his right hand man, helping out at gun shows, but more than this, he was a regular at the monthly .50 cal shoot at Angeles Ranges. He allowed anyone interested to shoot his .50 cal, .408 CheyTac or .338 Lapua for free, just to promote interest in the sport. He invested in all the best equipment to reload .50 cal ammunition and would sell it to anyone at his cost to shoot in their own rifles. This of course represented a considerable amount of time he was giving away, just to help promote the sport.

About 2 years ago, a while after I left California, I found out that Don’s house had been raided by SWAT teams, the ATF and LA County Sheriffs. All his semi-automatic firearms were taken away. This was followed by two years of silence. Don had done nothing illegal and we all assumed that the DA and others were hoping they would be able to let it die without admitting they were wrong.

Turns out we were the ones who were wrong. The DA is apparently trumping up charges and charging him ex post facto with 5 felonies when not a single law was broken.

Don is a personal friend of mine and I will be contributing to his defense fund. I am posting this to make others aware of the situation, not to solicit donations. However, if you think this can’t happen to you, think again. I built AR15’s to the letter of the law while I lived in California. This sets a precedent that all guns not built by a major manufacturer can be considered a ‘Zip Gun’.

Don’t live in California? If this goes through, believe it or not, it will make its way to wherever you may be living. All gun owners need to stand up as one and come to our mutual defense. Don’t let this be the case that breaks us! California’s budget is 16 Billion in the RED, they leave the borders open but go after law abiding working class citizens.

Please take the time to read the original post on BiggerHammer.net below. This has also been posted by mutual friends (Don has many many friends because of the wonderful person that he is) on calguns.net, ar15.com and other forums, so if you see this elsewhere, please be sure to leave comments of support there as well.
Read the original post by Tom here
calguns.net post

Tom Miller’s original post

When I retired in 2000, I was in a battle for my life against lymphoma cancer. I had been fighting it for three years when I met Don Anderson. He was always there for me like no other friend I had. Only God helped me more than Don. I was very sick. Many times I couldn’t walk or eat, but Donnie was always there for me.
Ever since those days, Don Anderson and I have remained good friends representing EDM Arms as field reps, shooting together, working gun-shows together and organizing .50 caliber matches in Southern California. He is an upstanding person like no other perspn I know. Many of you know and love him like I do.

Donnie is now in for the fight of his life with a corrupt system in Los Angeles. I am very much aware of the facts in the LAPD’s “Gun Squad” criminal investigation of Don Anderson. It began in 2006 when an incomppetent, over zealous detective of the “gun squad” embellished, stated untrue information and provided “stale” information in his affidavit for a state search warrant for Don’s residence in Harbor City, an area with-in Los Angeles. This detective even used California’s DOJ’s .50 BMG registration information on Don Anderson to support his probable cause requirement in the affidavit.

The search warrant was executed on September 19, 2006 early in the morning by the LAPD “SWAT” team and “gun squad”. They entered Don’s residence with full force pointing MP-5’s and shotguns at Don and his wife. The “gun squad” led by the rogue case detective seized every semi-auto firearm on the premises. These firearms included a home built semi-autto M2 .50 BMG, a home built semi-auto M3 .50 BMG and a homebuilt 1919A4 semi-auto caliber and some other items. Don had properly registered the M2 and M3 with DOJ as required by the 2004 .50 BMG ban in California.

Don was not arrested or charged with any crime at that time. Don retained NRA recommended attorney Chuck Michel of Trutanich Michel LLP law firm. Two years passed by without hearing anything from the LAPD “gun squad”. Then, on the early morning of December 4, 2008 the LAPD “Fugitive Squad” arrested Anderson at his residence in front of his wife. They transported him to the 77th Division jail. His bail had been set by the case detective and DA at $125,000 which required giving the bail/bond company $9500 non-refundable dollars to get Don out of custody. This wasn’t possible, so Don spent the night in jail.

On December 5, 2008 late in the afternoon, the attorneys were able to get the bail reduced to $37,000 requiring about $3000 tothe bail/bond company.

When the bail was reduced, Don was informed by the court that he was being charged with five felonies. Even though the “gun squad” case detective and DA’s office had agreed with Chuck Michel back around the time after the search warrant was exeuted, that Don would be able to just turn himself in in the event he was charged with any criminal acts resulting from he warrant. This certainly didn’t happen, as Don was arrested by the “Fugitive squad” on December 4th.

Regarding the five felonies that Don faces. Two or three of them relate to the registered M2 and M3, and the 1919A4 semi-auto rifles. These guns were all “home built” by Don as semi-autos in strict compliance with state and federal law. The M2 and M3 were registered with DOJ as I previously stated. They were legally built and possessed by Don, but in all their wisdom the case detective and DA are charging the guns as, get this, “ZIP GUNS” under the Californa penal code.

Don is also being charged with having large capacity feeding devices as there were several linked belts of more than ten rounds of .308 ammo in his garage. I am aware that Don had these links prior to the end of 2000 which makes it completely legal for Don to link more than ten rounds together. At this point these linked belts are being charged as a felony. Anothe felony being charged is relating to a Walther P22 .22LR semi-auto pistol that I as a FFL dealer had legally sold to Don. Some time thereafter, DOJ determined that the Walther P22 pistols were manufactured with a threaded barrel, therefore making them an “Assault Pistol”, and were required to be sent back to the manufactuer for a barrel change. It looks like I’m out of room to finish this, so I’ll do it with a second posting to follow.

Donnie did not receive any notification from DOJ mandating the return of the P22 pistol to the factory for a barrel change. Therefore, it never got sent back and now he is being charged with the “felony possession of an unregistered assault pistol under California penal code”. Finally, he had a .50 BMG shark bang stick device that divers would use in the event of a shark attack. Don was using this thing as a paper weight. It did not have a stick so the DA is charging felony possession of an “Exotic Weapon”.
My take on all this is that the case is the worst I have ever seen. It should be dismissed for a number of reasons. But, it won’t be. In this state any chance they have to prosecute a gun case they go after it 100%. It is going to be very costly to defend. The attorneys have informed Don that it could cost $20,000-$50,000 to finish the case with no guarantee about the outcome. Don is in big troule here and we need to help him. John Burtt of the FCSA is going to run a nation wide raffle in the name of the “Don Aderson Defense fund”. I am giving him a new .50 cal EDM Arms “Windrunner” for the raffle. The raffle won’t be up and running for at least a month. And, it still needs to be approved by the FCSA Board of Directors.

In the mean time and right now, I am asking for every one’s help in sending me a check made out to the attorneys Trutanich Michel LLP for whatever you can afford to help with the attorney fees for Don. Please do this for Don. My address is Tom S. Miller, 3938 Stanford Drive, Oceanside, CA 92056 tel 760-757-6823. Also, please help me get this around on the appropriate boards and web-sites or whatever else the inter-net offers. Thanks so much. God Bless. Tom

 

[MarcusWendt]

While I'm very pro gun I'm also very pro LE so when I read these stories I'm somewhat skeptical. That having been said, I've seen the LAPD do a similar number on a buddy of mine.

He was arrested for a felony and had the case dismissed. LAPD showed up at his house a year later looking for him and a Glock 19 he'd purchased 6 years prior to his arrest. At the time he was in med school back east and the detectives had his wife call him to advise him that they were taking the gun as he was a "felon in possession of a handgun". Not only was he not a convicted felon, but he was all the way across the country attending med school. Upon his return during a break in school, he was arrested at home by these same detectives for again, felon in possession of a handgun.

Long story short, thousand of dollars and numerous court dates and the charges were dismissed, gun NOT returned.

It makes me very sad to know that LE officers that I'm very supportive of conduct themselves in this manner.

I'll be making a donation.

 

[mbt2001]

Oddly, it seems that the elected officials "listen" they are just so inept as to do everything wrong.

Marcus -

Did you friend sue for malicious prosecution / pain, suffering, legal fees and the return or payment of his stolen property?

I hope so. If not, then let's start a fund for your friend. The more often we go after these jerks, the more seldom they will do this.

Further to that, I would like to see a law that says anytime the STATE looses a case, they are responsible for the legal fees. That ought to keep them from bothering everyone so much.

 

[Big Matt]

This story sounds a lot like some of those told in "Unintended Consequences."

I'd be very wary if the ATF/law enforcement community were in possession of his semi automatic M2 and M3; as after these 2 years they have probably been "modified" by the agencies mentioned to be full auto weapons.

I'd like to have a more pro law enforcement mindset; so I better stop there before I commit any "cop bashing."

 

[Bubba613]

While it's entirely possible that SWAT et al had nothing better to do than raid at gun point an innocent man and great all around guy, it seems more probable that there is more going on here than we are being told.

 

[TCB in TN]

While it's entirely possible that SWAT et al had nothing better to do than raid at gun point an innocent man and great all around guy, it seems more probable that there is more going on here than we are being told.

Do a little research on the LAPD and you will be likely to believe pretty much ANY negative comments about them.

 

[dcoop]

California should be annexed to Cuba................They may pick up some freedom.

 

[KBintheSLC]

Sounds like more of the typical So-Cal socialist mafia antics hard at work. If only they worked this hard to help rape victims find their perpetrators... but that would require real "common sense".

When will the gods finally intervene and break So-Cal off into the ocean? Probably close to half of our nations feces reside there. I think it would really make the world a better place.

 

[MarcusWendt]

Did you friend sue for malicious prosecution / pain, suffering, legal fees and the return or payment of his stolen property?

No he did not. He was very traumatized by the whole experience. His mother, father, wife and daughter were all there when he was arrested. He was humiliated.

He's still in med school and back east, so coming back and forth for a lawsuit, funding the lawsuit with school loans already very high just isn't on his agenda. He's very worried about publicity as he intends to practice medicine in Southern CA and just doesn't want this thing getting out of control. He's a naturalized American from China and is pretty afraid of the police.

 

[f4t9r]

No offense to anyone but it is hard to help someone that is not willing to stand up for what is right. I understand his concern but he needs to stand up for his rights if he was done wrong by the state of Cal.

 

[Sinixstar]

While I don't doubt the police use some heavy-handed tactics - I take stuff like this with a grain of salt.

There's at least three sides to every story. Your side of the story, the other guy's side of the story - and the truth. As it stands right now, we have 1/3 of reality.

Not saying the police are justified in their actions, just that there's almost certainly more then meets the eye. That's just how life works.

 

[Grassman]

When will that hell hole just fall off into the ocean.

 

[Sinixstar]

When will that hell hole just fall off into the ocean.

They say the same thing about texas.

 

[Fractal X]

Living here in LA County I can easily see this happening, though I'm also quite interested in hearing the other side of the story.


Another option is to donate directly to the defense fund setup by the law firm, you can do this by mailing a check directly to them (address below) or you can donate via credit card over the phone at (562) 216-4444

TRUTANICH MICHEL LLP law firm
180 E. Ocean Blvd, Suite 200,
Long Beach, California, 90802

Just tell them that you want to donate to the Don Anderson defense fund and they'll make sure it gets to the right account.