Va Tech student arrested for having AR and ammo.

[Navy_Chief]

Yunsong Zhao arrest stories
30 Jan 2018 "Virginia Tech student arrested Monday and charged with illegally possessing a gun", Roanoke Times, Roanoke VA.
31 Jan 2018 "Former Virginia Tech student was allowed to have gun, but not with high-capacity magazine", Roanoke Times.
31 Jan 2018 "Virginia Tech student accused of having assault rifle, attempting to buy 5,000 rounds of ammo", NY Daily News.
1 Feb 2018 "Warrants reveal new details about Virginia Tech student charged for illegally having assault rifle", Blue Ridge Channel 10 NBC News.

Fit into timeline:

Virginia does not allow foreign nationals to use semi-automatic rifles with magazines over 20 rounds, a state Class 6 felony with a penalty of up to five years in prison.

Mon 22 Jan 2018 "police were informed that Zhao had bought a 30-round magazine" according to the search warrant released.

Thu 25 Jan 2018 Virginia Tech police became aware of his purchase of a Bushmaster XM-15 rifle. (Apparently when he checked it into the campus police student gun locker.)

Fri 26 Jan 2018 he checked his gun out of the Virginia Tech campus police student gun locker to go the firing range. The campus police notified the Blacksburg police. He was followed by a Blacksburg police detective. He was spotted at the firing range using a 30 round magazine.

He was legal to use his gun with a 20 round magazine or smaller as a foreign national on Student Visa status. In fact he was legal to own the gun and the 30 round magazine as long as he did not insert the 30 round magazine into the gun, according to the search warrant.

Mon 29 Jan 2018 Yunsong Zhao was arrested for illegal possession of an assault rifle. Warrants were filed to search his dorm, truck and car (a surplus police Crown Victoria). Nothing was found according to news reports on the warrant service.

His arrest tuched off a campus storm of on-line hysteria. Virginia Tech Police Chief Kevin Foust put a statement on Facebook that "a student" had been arrested on a firearms violation after “a lengthy investigation.” Foust also dismissed the rumor about a weapons stockpile warning that students should avoid large lecture classes: "no evidence this rumor is accurate.” Foust said rumors could have started in response to the arrest.

Tue 30 Jan 2018, the university stated Zhao’s arrest followed "several weeks of investigation". The University denied that Zhao had ever posed a threat to students or faculty. VT said they did not issue an alert the day of Zhao's arrest because there was no reason to issue an alert.

The timeline in the search warrants (Mon 22 Jan notice about the magazine, Tue 25 Jan notice about the rifle, Fri 26 Jan shooting range visit) contradict the arrest warrant and court records that dated the offense as Fri 19 Jan 2018.

Tue 30 Jan 2018, because of the arrest, he was expelled from VT and lost his foreign student status.

Thu 1 Feb 2018, Yusong Zhao had his first hearing. Because he lost his foreign student status, ICE had a detainer on him. Because ICE put a detainer on him, the judge refused to release him on bond at his first hearing.

His next hearing is scheduled for March.

Summary to me seems to be, he probably did not know it was illegal for him to insert the 30 round magazine into the AR; why would he they are legal to purchase in the state and I am sure that he had seen others using them at the range. The police department instead of taking an opportunity to educate him on the laws (they could have kept him under surveillance afterwords to see if he had any malicious intent) used the opportunity to railroad the kid into a felony charge that is going to have very serious repercussions for him as demonstrated by what has occurred so far. This is a demonstration of a pointless useless law destroying somebody's life simply because of an over eager police department and prosecutor.

 

[Sistema1927]

What ever happened to common sense?

 

[Telekinesis]

What else doesn’t figure is was the 20 round not good enough for a simple range session? If he bought the gun at a store they probably kept the 30 round mag that came with it due to his citizenship, so he should have known the law.
It really doesn’t make sense. Maybe he was checking the function of the mag to pull some sinister act? Maybe he wanted the full effect of the AR while he was in America? Maybe he just thought no one was watching? Honest mistake? We may never know.

If you go looking to buy extra mags for an AR, you're going to find standard 30 round mags unless you are specifically looking for a 20 round mag. Wanting an extra mag shouldn't be an issue either. How many mags do you have? I can think of only a handful of my guns that have less than 5 mags, and some have quite a few more. Extra mags make range trips more fun and productive. Less time loading, more time practicing.

Should he have known the rules? Sure. But buying a normal mag for the gun shouldn't signify some sinister plot. It's a stupid law that was used to ruin a kid's future.

 

[SamT1]

If you go looking to buy extra mags for an AR, you're going to find standard 30 round mags unless you are specifically looking for a 20 round mag. Wanting an extra mag shouldn't be an issue either. How many mags do you have? I can think of only a handful of my guns that have less than 5 mags, and some have quite a few more. Extra mags make range trips more fun and productive. Less time loading, more time practicing.

Should he have known the rules? Sure. But buying a normal mag for the gun shouldn't signify some sinister plot. It's a stupid law that was used to ruin a kid's future.

I’m not real sure how I feel about a non citizen owning an AR15. He doesn’t even live in a home he is allowed to defend himself in.

 

[Navy_Chief]

I’m not real sure how I feel about a non citizen owning an AR15. He doesn’t even live in a home he is allowed to defend himself in.

So by not having a home to defend he should not be allowed to go enjoy himself at the range?

 

[SamT1]

So by not having a home to defend he should not be allowed to go enjoy himself at the range?

He is not a citizen that’s what changes things. Can I take my carry gun to Mexico?

 

[Armybrat]

Non-criminal Immigrants who are legal residents with green cards are eligible to purchase firearms in Texas. It may be the case for other states too. I don't have a problem with that.

If you (as a non-citizen) are caught with a single bullet in Mexico, you are going to prison.

 

[Navy_Chief]

He is not a citizen that’s what changes things. Can I take my carry gun to Mexico?

If you are referring to illegal immigrant then I agree with you fully.

However LEGAL immigrants are a completely different issue (depending on their status).

Under the current Laws the gun was legally purchased, as a legal alien he is allowed to purchase the firearm, the magazine (and ridiculous laws) got him into trouble.

Are you proposing that legal aliens should not be afforded the same rights as a citizens rights under the Constitution? What about naturalized citizens?

 

[SamT1]

If you are referring to illegal immigrant then I agree with you fully.

However LEGAL immigrants are a completely different issue (depending on their status).

Under the current Laws the gun was legally purchased, as a legal alien he is allowed to purchase the firearm, the magazine (and ridiculous laws) got him into trouble.

Are you proposing that legal aliens should not be afforded the same rights as a citizens rights under the Constitution? What about naturalized citizens?

Naturalized citizen 100% of our rights. Someone here on an education or work visa I don’t know, I’m up in the air on that. Honestly not sure what’s right.
My gut tells me we have a God given right. But I really feel someone here temporarily should be held a little tighter than permanent residents since they are already infringing our rights.

 

[Navy_Chief]

Naturalized citizen 100% of our rights. Someone here on an education or work visa I don’t know, I’m up in the air on that. Honestly not sure what’s right.
My gut tells me we have a God given right. But I really feel someone here temporarily should be held a little tighter than permanent residents since they are already infringing our rights.

I can agree with that. But under the current laws he should have been good to go, he is being railroaded based on a BS feel good law.

 

[SamT1]

I can agree with that. But under the current laws he should have been good to go, he is being railroaded based on a BS feel good law.

Maybe so, I’d hope the cops are better than that. What sticks with me is they knew what he had bought. To me that means they were watching him for some reason. I’m sure it will come out in the end.
My local experience with law enforcement lends me to give them the Benefit of the doubt.

 

[Powder296]

I’m not real sure how I feel about a non citizen owning an AR15. He doesn’t even live in a home he is allowed to defend himself in.

This very same kid, until this week, could've joined our military to defend your freedoms and earn his citizenship. It's nothing new and not likely to change anytime soon

 

[LNK]

Naturalized citizen 100% of our rights. Someone here on an education or work visa I don’t know, I’m up in the air on that. Honestly not sure what’s right.
My gut tells me we have a God given right. But I really feel someone here temporarily should be held a little tighter than permanent residents since they are already infringing our rights.

See I see it differently, if he is here legally he should be offered all our protections under our constitution as long as he is here. Unless you think he should not be allowed to protect himself while here. The kid kept his gun in the proper location. Seems like he was trying to follow the law. Just as I am sure we all try to follow all the laws, though I am sure we all miss some. Doesn't mean he might not be up to no good, and if that is the case, that should be disclosed to the public. Just as I am sure the Las Vegas shooting details will come out soon. /sarc

I would rather people here legally be afforded the same protections under the law that you and I share. Same as if you visited some where else, would you know all the visitor specific laws? We as a nation are supposed to be better than this....

 

[bnolsen]

Maybe so, I’d hope the cops are better than that. What sticks with me is they knew what he had bought. To me that means they were watching him for some reason. I’m sure it will come out in the end.
My local experience with law enforcement lends me to give them the Benefit of the doubt.

To some degree doesn't that make them complicit for not helping the situation??? Ignorance of the law is pure BS when laws are out of control, no one has any hope of knowing hundreds of thousands of pages of all that crap. That this situation is a felony putting him at the level of some very, very serious criminals for really doing nothing is really bothersome.

To protect and serve who????

 

[herrwalther]

His intentions for the AR do not really matter. The law worked as it was intended. He was a foreign national. Bought a restricted firearm and is being punished.

 

[MEHavey]

opportunity to railroad the kid into a felony

^^^^^ THIS ^^^^^
The whole thing --including how the media played it for
minimum info/maximum shock -- has become standard fare

Just for grins, I looked for Virginia Law:
http://lawcenter.giffords.org/assault-weapons-in-virginia/
https://vacode.org/18.2-308.2:01/
http://www.gunlaws101.com/state/law/virginia/magazine-capacity-restriction

Can someone find this "clearly knowable" restriction on legal foreign nationals re magazine size ?

 

[Powder296]

His intentions for the AR do not really matter. The law worked as it was intended. He was a foreign national. Bought a restricted firearm and is being punished.

except he didn't buy a restricted firearm.

 

[MEHavey]

except he didn't buy a restricted firearm.

Correct. Plus he dutifully followed all purchase/background/storage/transport rules for the weapon.
...and I can't find any published (official and/or otherwise) law pertaining to a limitation on his possessing a magazine of any size.

Someone... please find that rule and post the statute reference.


.

 

[Powder296]

after reading what I can find, and the opinions here, this is what I get...
-Kid legaly buys gun, gun store says they can't sell it to him with the standard 30 round mag, they tell him they can't sell him the rifle and mag because of who he is, but doesn't tell him he's not allowed a standard magazine at all.
-Kid goes to buy a standard mag for gun.
Now I shop at Cabellas in Gainesville and Bass Pro and Greentops in Ashland, mostly for reloading supplies. But I do window shop everything else. It is damn near impossible to find anything less than a 30 round AR15 magazine in stock these days. Some of the smaller gun shops I've been to may have the 20 round GI style but it's increasingly rare.
-seeing this, kid doesn't think twice about buying and using a 30 round mag, because everyone else is.
-local press, cops, and at this point I'm gonna say the OP, all freak out about a kid properly storing his legal firearm with campus authorities because of the history at the school and because they are anti freedom liberals.
-kid will now have to cop a plea and be deported causing humiliation to his family, a very bad thing to Asian families.

have I missed anything?

when I was growing up I can't tell you how many times I had a discussion with a cop telling me what I was doing was against the law, but with no other repercussions. Anyone here ever watch North Woods Law, a common occurrence is the wardens educate rather than prosecute. This is where the local authorities failed here, I'm guessing solely because it was an evil black rifle

 

[herrwalther]

except he didn't buy a restricted firearm.

Virginia disagrees.

§ 18.2-308.2:01. Possession or transportation of certain firearms by certain persons.
A. It shall be unlawful for any person who is not a citizen of the United States or who is not a person lawfully admitted for permanent residence to knowingly and intentionally possess or transport any assault firearm or to knowingly and intentionally carry about his person, hidden from common observation, an assault firearm.

B. It shall be unlawful for any person who is not a citizen of the United States and who is not lawfully present in the United States to knowingly and intentionally possess or transport any firearm or to knowingly and intentionally carry about his person, hidden from common observation, any firearm. A violation of this section shall be punishable as a Class 6 felony.

C. For purposes of this section, "assault firearm" means any semi-automatic center-fire rifle or pistol that expels single or multiple projectiles by action of an explosion of a combustible material and is equipped at the time of the offense with a magazine which will hold more than 20 rounds of ammunition or designed by the manufacturer to accommodate a silencer or equipped with a folding stock.

 

[JeffG]

§ 18.2-308.2:01. Possession or transportation of certain firearms by certain persons.
A. It shall be unlawful for any person who is not a citizen of the United States or who is not a person lawfully admitted for permanent residence to knowingly and intentionally possess or transport any assault firearm or to knowingly and intentionally carry about his person, hidden from common observation, an assault firearm.

B. It shall be unlawful for any person who is not a citizen of the United States and who is not lawfully present in the United States to knowingly and intentionally possess or transport any firearm or to knowingly and intentionally carry about his person, hidden from common observation, any firearm. A violation of this section shall be punishable as a Class 6 felony.

C. For purposes of this section, "assault firearm" means any semi-automatic center-fire rifle or pistol that expels single or multiple projectiles by action of an explosion of a combustible material and is equipped at the time of the offense with a magazine which will hold more than 20 rounds of ammunition or designed by the manufacturer to accommodate a silencer or equipped with a folding stock.[/QUOTE]

Boy, "Shall not be infringed..." Appears to be taking a beating in the local jurisdictions.

 

[MEHavey]

"assault firearm" means any semi-automatic center-fire rifle or pistol that expels single
or multiple projectiles by action of an explosion of a combustible material and is equipped
at the time of the offense with a magazine which will hold more than 20 rounds

Defense attorney Jason Wolfrey of Christiansburg said that Zhao never used his rifle with the 30-round magazine. …When Zhao checked out his gun from the student gun lockers at the Virginia Tech Police Department and went to a firing range in the national forest with a friend, he had a legal 20-round magazine, Wolfrey said. Wolfrey offered pictures of the gun with a 20-round magazine, saying this was what Zhao had used.

A video from the firing range that shows the smaller magazine may eventually be offered as evidence as well, Wolfrey said.

Little replied that the Blacksburg police detective who watched the student at the firing range was positive that he had seen a 30-round magazine on the rifle.

Wolfrey … noted police had not found a 30-round magazine.
http://www.richmond.com/news/virgin...cle_d51c5a18-678d-5faf-84c4-ea0591652e78.html

Uh oh.....

 

[CapnMac]

Yep.
Whoops.
Kid is expelled; on a deportation list; has lost his scholarship . . . just imagine all the crimes this law, and this prosecution have prevented.

 

[Powder296]

Virginia disagrees.

§ 18.2-308.2:01. Possession or transportation of certain firearms by certain persons.
A. It shall be unlawful for any person who is not a citizen of the United States or who is not a person lawfully admitted for permanent residence to knowingly and intentionally possess or transport any assault firearm or to knowingly and intentionally carry about his person, hidden from common observation, an assault firearm.

B. It shall be unlawful for any person who is not a citizen of the United States and who is not lawfully present in the United States to knowingly and intentionally possess or transport any firearm or to knowingly and intentionally carry about his person, hidden from common observation, any firearm. A violation of this section shall be punishable as a Class 6 felony.

C. For purposes of this section, "assault firearm" means any semi-automatic center-fire rifle or pistol that expels single or multiple projectiles by action of an explosion of a combustible material and is equipped at the time of the offense with a magazine which will hold more than 20 rounds of ammunition or designed by the manufacturer to accommodate a silencer or equipped with a folding stock.

your missing the 20 round mag part being LEGAL

 

[Powder296]

as I said, it was knee jerk because of the history and the local antis. Period. I sincerely hope this kid gets a very good lawyer and is able to stick it back to his false accusers