Correction, also, AR-15 at center of Kitsap gun club case being inspected by feds

The rifle at the center of a legal battle halfway through its second decade is now in the custody of federal agents for inspection.

Earlier this week, a Kitsap District Court judge dismissed a suit against Kitsap Rifle and Revolver Club Executive Officer Marcus Carter that claimed he unlawfully possessed a machine gun. The rifle was seized in 1999.

Carter had asked that Judge Stephen Holman dismiss the case and return the 1970s-era AR-15 to him. Holman dismissed the case, but in his decision Holman noted that he would not rule on returning the rifle to Carter. A story in the Kitsap Sun on Wednesday, written by me, incorrectly stated that Holman ordered the rifle be returned.

Kitsap Prosecuting Attorney Russ Hauge said his office would file a motion to reconsider, and if that doesn’t work he will appeal the case to Superior Court.

By law, a machine gun doesn’t require the trigger be pressed for each shot, it can shoot five or more bullets per second and, most important to this case, has a separable device that can supply the rounds, or a magazine. Magazines are known commonly as clips, much to the chagrin of gun aficionados.

An affidavit from a deputy who tested the gun reported that he “used a 30 round magazine to test the firearm, and the rifle fired in full automatic with one jam.”

According to court documents, the state had to prove Carter had “dominion and control” over a magazine that could supply the rounds to the rifle. Carter claimed the state couldn’t prove it. Holman agreed.

Meanwhile, the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives has taken custody of the rifle at the request of the Prosecutor’s Office.

Deputy Scott Wilson, spokesman for the Sheriff’s Office, said the Sheriff’s Office has been the custodian for the rifle, which is considered evidence. He said it was removed from storage Wednesday and turned over to the federal agency.

Hauge said his office requested the bureau inspect the weapon.

“We asked the (bureau) if they are interested in looking at it and see if it is anything other than a machine gun,” Hauge said.

12 thoughts on “Correction, also, AR-15 at center of Kitsap gun club case being inspected by feds

  1. Huage couldn’t win after 15 years or so, so he took it to the feds. That is just petty. He needs to go now.

  2. Andy,

    You should really learn terminology if you want to cover this stuff in the news paper, because you give yourself a huge disservice to the community, Kitsap Sun, and yourself.

    a Magazine is a magazine, A clip is a clip.

    http://www.nycrimecommission.org/images/ammo.jpg

    Here is an image to explain what a magazine, and or a clip is.

    It is also under my opinion that Prosecuting Attorney Russ Hauge, should be locked up for treasonous affairs and conspiracy to revoke rights from individuals. This country is not a democracy, but a republic. The 51% cannot take away rights from the minority. The smallest minority is the individual.

    I think its finally clear as day which way the Kitsap Sun leans. They reinforce this sort of behavior. Treason, No problem, lets back the state/county up. Conspiracy, No problem, lets back the state/county up.

    I sort of question if Kitsap Sun gets kick backs from the state/county. News papers use to have morals. They stood up for the people, and most importantly stood for morality. Free press right?

    I am absolutely astonished that you guys would ALLOW the state/county to get away with their crimes.

    You should be absolute ashamed of yourself.

  3. I completely agree, Gregg. 15 years and over half a million dollars on this case is beyond ridiculous. Hauge needs to go.

  4. Either we, as individuals, have the right to “keep and bear arms”, or we do not.

    The AR-15 is a fully automatic weapon, and falls under the definition of “arms”.

    A Right, as stated in the Bill of Rights, cannot be changed, limited, or restricted. Federal, State and Local laws may not alter this. Neither can the Supreme Court, or the NRA.

    Many people cannot understand this.

  5. Is this really that complicated, that we need to spend hundreds of thousand of dollars to determine if Carter had illegally modified the semi-automatic AR-15?

    Jezzz.. buy a box of off the shelf ammo, load up that 30 round clip, take it to the range and pull the trigger… case solved.

    Terry

  6. The AR-15 is NOT a “fully automatic weapon.” The AR-15 shoots one shot per pull off the trigger, like many other firearms, including revolvers. Now, It is possible to modify an AR-15 into a fully automatic machine gun, but this is not easy, and can’t be done by dropping in one part. If the rifle had been modified, it should be very obvious, and would take minimal testing to determine if it is indeed a fully automatic machine gun. If it isn’t, it should be returned immediately, and damages should be paid for keeping it so long.

  7. WHat is the exact model named on the rifle? What are the settings of the selector switch? Couldn;t someone open it up and look at the fire control group? I mean, Jesus!…..Are these people THAT stupid? Also, if it IS a NFA Select fire rifle and legal, then it would be registered. Look the damn thing up!

  8. The other big problem here, is the Kitsap Sun puts out s story with a major boo-boo. The comments written by commenters to the original story wanted Hauge charged with contempt, is the Kitsap Sun going to be charged with slander? Isn’t the Kitsap Sun supposed to be held to a higher standard than the average citizen?

    While I looked forward to Huage getting voted out, keep it honest.

  9. An AR-15 fire control group that has been improperly assembled or modified can cause an AR-15 to go full-auto. A faulty disconnector, hammer our trigger can also result in unintended full auto operation, as can an improperly installed (upside down) sear spring for example. It’s not a common occurrence but it can and does happen.

    Thus, its prudent to test any newly assembled semi-auto firearm or one that has been disassembled an subsequently reassembled, especially if new parts were installed.

    By the way, the “AR” in AR-15 does not now nor ever has meant ‘automatic rifle’ or ‘assault rifle’. It was simply an abbreviation for ArmaLite Rifle, model 15. ArmaLite being the name of the company who first produced them and which was a division of Fairchild Engine and Airplane Corp. The design was later licensed by them to Colt who ended up being awarded a government contract to manufacture a select fire (full auto capable) military version which the military designated M16.

  10. First off a AR-15 is not now or ever been a machine gun,it is a semi automatic which by definition fire one round with each depressing of the trigger. Any semi-auto can fire rapidly if your have good reflect action. It is possible to to empty a pistol clop of seven rounds at a rate of one round per second or faster. Depending of the quality of the fire arm and condition of the shooter. So this five round definition does not hold water. A fully automatic empty’s a full 30 round clip with a single depress of the trigger, continuing to fire until the clip is empty. That is what defines fully automatic from semi-automatic. Another factor is a poorly maintained or improperly assembled weapon can have what is commonly referred to as a run away as in it fires even if you take your finger off the trigger. Your can many examples of this type of problem occurring with simple searches. Bottom line Hague has wasted time,and money on this case which is nothing more than a witch hunt in his ongoing efforts to discredit Mr Carter and destroy the Kitsap Rifle and Revolver club.

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