legal pot grower arrested for ...

[paulsby]

lol
http://www.komonews.com/news/local/63638697.html
JEFFERSON, Ore. - A 43-year-old man trying to protect his legal pot-grow operation in Marion County - both from burglars and sticky fingers - got a jail visit of his own Friday. Marion County troopers were responding Friday to a report of a burglary in progress in the man's neighborhood in Jefferson, Ore. According to a press release they asked to search the man's land for suspects, and stumbled on his legal marijuana grow. With the owner's consent, they searched the garden.

There they found the man's ultimate crime: a trip wire rigged to scare off intruders. Sergeant Shane Burnham of the sheriff's office naturally called in the Oregon State Police bomb squad. The bomb squad unhooked the fishing wire from a springun, which held an empty shotgun shell inside.

The gun wasn't aimed to hit intruders, according to the pot-grow owner John Roger Bauer Sr. It was intended as a noise that he hoped would scare them off. Nonetheless, Bauer was arrested for a little-known offense: setting a springgun or setgun. He was cited and released from the Marion County Jail. "The Marion County Sheriff's Office would like to remind people that the setting of springguns is illegal, dangerous and could be seriously injure or kill someone or law enforcement personnel," reports a press release from the sheriff's office sent out Tuesday.

[jeepnstein]

1. That's one thing that...

anyone who ever did a marijuana eradication will charge you for every time. Booby traps are verboten.

[paulsby]

5. yea

we used to call them "nefarious traps" in a prior jurisdiction.

also, consider the time/expense it cost to call out the bomb squad etc. to defuse the thing.

imagine some kid wandering through the guy's yard. etc.

i feel for the guy, but you simply can't set such a trap. it's just too dangerous.

[Robb]

2. Had to laugh at "sticky fingers." nt

[Hoopla Phil]

3. What a device that sets off a flare be legal?

[paulsby]

6. no.

fwiw, i work in WA state, and i'm pretty familiar with these laws.

i once arrested a convicted felon for having a flare gun under the car seat. the moron told me that he carried it because he couldn't carry a firearm due to his felony conviction

duh.

according to the definition in the RCW, a firearm is a device that propels a projectile by the use of an explosive. thus, a flare gun IS a firearm , at least for felon in possession (VUFA) standards.

my sgt. threw a fit, and said it wasn't a firearm. i had to appeal to the prosecutor who said it was. THEN, he ok'd the report.

anyway, a flare gun is a very dangerous weapon

and here is the relevant RCW for these traps

a flare gun would definitely meet the requirements of subsection (C)

RCW 9.41.230
Aiming or discharging firearms, dangerous weapons.
(1) For conduct not amounting to a violation of chapter 9A.36 RCW, any person who:

(a) Aims any firearm, whether loaded or not, at or towards any human being;

(b) Willfully discharges any firearm, air gun, or other weapon, or throws any deadly missile in a public place, or in any place where any person might be endangered thereby. A public place shall not include any location at which firearms are authorized to be lawfully discharged; or

(c) Except as provided in RCW 9.41.185, sets a so-called trap, spring pistol, rifle, or other dangerous weapon,

although no injury results, is guilty of a gross misdemeanor punishable under chapter 9A.20 RCW.

[AtheistCrusader]

7. Should have asked your sargent if he'd be willing to be shot by that flare gun.

Burning phosphor is... sticky.

[Euromutt]

8. How about a trip flare, though?

As in one that doesn't launch a projectile, but just burns up in place, illuminating whoever just tripped the wire.

[paulsby]

9. that i'm not sure about

the definitions that i can find are kind of vague. i'd have the research the case law.

generally speaking the definition has to do with having the potential to cause injury, as opposed to an "alarm" which doesn't, and is legal (eardrums aside)

[RKP5637]

4. Interesting! n/t