Phillip Dominguez describes himself as “a law-abiding, taxpaying gun enthusiast.” That should be with an emphasis on “enthusiast.” Dominguez is facing charges are a search of his car uncovered 16 guns and 1000 rounds of ammunition.
Dominguez insists that he was just picking up a friend and planned to go to a shooting range. He was arrested on suspicion of felony transportation of an assault rifle.
In fairness to Dominguez, he did not try to enter the airport itself but pulled on to the airport ring road and was flagged over. The weapons were locked away in the back of the truck. He has picked up people at the airport before and never saw a checkpoint. He also says that the assault rifle is legal. Nevertheless, he was arrested and both his guns and his truck were confiscated.
I find it a bit problematic to have such checkpoints thrown up on surrounding roads and searching of interior compartments of anyone picking up people. It would be an easy matter to hide explosives in a truck to avoid such cursory examinations. Indeed, I have often found perfunctory searches at military installations and private business a bit of a joke with security. Just the other day, I watched security check every car at a Broadway play by opening and shutting the trunk of cars in New York without seeing looking inside. This search was obviously more substantive, but most cities do not see the need for such checkpoints of passing cars.
These can be difficult cases due to the obvious need to protect high security areas like airports. The courts would likely uphold a checkpoint outside an airport but there is a legitimate question of notice. If Dominguez did legally have such material in his truck, it is pretty abusive to not only arrest him but seize his truck. The LAX website on security does not mention searches outside of the airport building, here.
For the full story, click here.
It is LA, what do you expect? LA has zero respect for the 2nd Amendment.
Say, Turley, did you notice your headline says he was arrested at LAX with 16 guns then you report he was outside the airport.
Playing with headlines again I see.
Does the State of California allow weapons to be transported in locked trunks or compartments? I have a problem with most of the searches in and at the airport. The shoe one is the most ridiculous one. When will people realize that most of the so-called security searches are simply ways to make us feel afraid? I want to know what kind of security do the vendors go through in the airport shops and restaurants. To me that is where the danger lies, if anywhere.
This is a tough one.
If California says the guns & ammo were legally being transported, especially if it’s confirmed that defendant was headed towards a shooting range, then the only issue remaining is whether driving through an international airport with the guns and ammo constitutes a separate federal offense.
BTW,
bobfrog = Bob, Esq.
Bob, Esq. sold out for a “boid in a tuxedo” avatar.
Bobfrog or Bob, ESq.,
How far from the actual terminal do you need to be before they can search legally? Can they search me if I am on a road that can lead into the airport? My point is where do they draw the line on this type of invasion of privacy?
Bob:
I really like the new avatar.
Turley, did you notice your headline says he was arrested at LAX with 16 guns then you report he was outside the airport.
Playing with headlines again I see.
Of course California allows “legal” transport of firearms. This is clearly a violation of the mans rights and is sensationalized by the quantity of guns. It would have been perfectly legal for the man to carry those weapons into the airport terminal, in locked cases, and check them on a plane. How do these cops think people transport their guns for hunting trips or shooting competitions!?
If he does have an actual registered “Assault Weapon” then that could be his only violation – you can only transport those to and from the range. I guess his side-trip to pick up his buddy is going to be their excuse to steal his guns. Some LA police officers are going to be very happy with their new guns…
The airport authorities consider the road to be part of the facility — hence their claim for the roadblock.
David,
I accessed your website ‘RifleGear’ by clicking on your screen name. I am a NRA member and a strong proponent of the 2nd Amendment gun rights.
Please take the time to explain the California gun laws involving vehicle transport and more about ownership of legal assault weapons in California.
Thanks.
“The airport authorities consider the road to be part of the facility — hence their claim for the roadblock.”
However, do they own the property?
Back in 2000 when CA enacted their own “Assault Weapon” ban they opened up a 90 day registration period. Basically any centerfire rifle with a detachable magazine that also has either a collapsible stock, pistol grip, vertical forward grip, or flash-hider is deemed an AW. If you registered it then you can legally transport it, in a locked container, but only to and from the range, to the airport for a trip, between homes, etc… – you can’t just drive around with it in your car. Now it remains to be seen if case law is going to allow a small side trip such as getting gas, getting something to eat, or picking up your buddy at the airport. This may be the only violation they have on this guy and it may be dismissed if he agrees to give up his weapons – it will most likely cost him much less to just replace the weapons than to hire a lawyer to get out of this.
Today, people can still legally acquire AR-15 type rifles or other similar “Assault Weapons” in California but it requires the use of special magazine locks that require the use of a tool to remove the magazine. We are also restricted to a 10 round magazine capacity. It’s such a shame that we don’t even feel like we are part of the same country as the other states that are now enjoying the sunset of the 94 AW ban. I feel many of the laws here are unconstitutional and many of us are working to try to overturn them but it is a major uphill battle – we need all the help and support we can get from the NRA and other freedom loving citizens.
David,
Thank you for that background information.
What is the law regarding carrying other long guns and handguns within your vehicle? My request hinges on the legality of the other firearms in the locked box.
Loaded magazines are fine, just as long as they are not in the firearm. Handguns must be transported in a locked container (trunk is a locked container) and the ammunition must not be attached to the firearm. Non-AW long guns can be legally transported in plain sight, such as on the seat as long as they are unloaded. It appears in this case the accused took great care to transport his firearms – both in containers and locked under the tonneau cover of his pickup.
David,
Thanks again for your prompt reply. I am very interested in the outcome of this situation.
Please keep us apprised because this is a fast moving blawg and topics quickly move down-thread.
Provisionally, I think this case should go to court to resolve some very important legal questions.
David,
That was inormative and a version of Hello Kitty you don’t see everyday!
I mean informative! Sorry
Bell,
If you’re going to second guess JT’s wording it might help if you has more than a passing acquaintance with the English Language. For instance according to Mr. Webster ‘At’ can mean “In, on, near.”
GYGES, BACK TO WHAT THE DEFINITION OF IS IS I GUESS, EH?
COMEON ADMIT IT. TURLEY TOOK A HEADLINE AND MANIPULATED IT.
David:
I have always felt the NRA was just the demagogue appendage of the The Sporting Arms and Ammunition Manufacturers’ Institute (SAAMI). Thank for proving the point with your web site. I read with interest their latest initiative to block a bill requiring serial numbers on all ammunition in California. That truly is creeping socialism to have a method to determine where felons buy their ammo. Everyone needs a fully loaded AR-15 in their closet with untraceable ammo. Yeehaw!
rafflaw:
“How far from the actual terminal do you need to be before they can search legally? Can they search me if I am on a road that can lead into the airport? My point is where do they draw the line on this type of invasion of privacy?”
Honestly rafflaw, after the Patriot Act was passed I sort of lost track of Criminal Procedure as an area of study.
Seriously.
In any case, I’m not aware of any case setting forth a ‘curtilige’ so to speak for airport search & seizure.
Mespo:
“I really like the new avatar.”
Thanks.
“Hoboken? Ooh, I’m dyin.”
Bell,
Actually in this case it’s back to what the definition of a semi-literate zealot who’s so bent on finding ‘errors’ in the opinions of someone you disagree with that you have no problem making yourself look like a fool by arguing a point that’s both idiotic and just plain wrong is.
Tell you what, when you can make a point that’s more coherent than my one year old’s babbling, then we can have a discussion, till then save your masturbatory remarks for some forum where people don’t know what the words you use really mean.
Mespo, serial numbers on ammo. LOL! Let’s get those serial numbers on knives, scissors, and maybe even arrows.
You are as dumb as a rock.
ken:
New York, Pennsylvania and so far 16 other states have enacted legislation — in each case with virtually identical wording to the nationally lobbied Ammunition Accountability Act — that would mandate the engraving of a unique serial number on the base of each handgun and “assault weapon” bullet and an identical number on the cartridge’s case. The act calls for dealers of this “encoded ammunition” to record the purchaser’s name, birth date, drivers license number, etc.
Must be lots of rocks around.
mespo you may want to research that Ammunition Accountability Act a bit more – it is being pushed by the guy that invented the way to laser etch a serial number on rounds of ammo. Of course, no large scale testing has been done to prove if it is even feasible – and he also wants to collect a small licensing fee for EACH ROUND ENCODED! That guy and the alleged legislation is a joke that will never go anywhere.
Given my experience from handling firearms since a very young kid, as a once-avid hunter, as a gun owner, prior military service, and as a decorated former federal law enforcement officer, I adamantly oppose the Ammunition Accountability Act.
Any person who despises the Bush Administration and the loss of freedoms that occurred should see this Act for what it represents. No person who owns and handles firearms should ever support this proposed legislation that is fraught with many inconsistencies and unmanageable provisions.
I understand how decent people could think that this was a good way to help solve gun crimes but it would be a bureaucratic boondoggle and would lead to an uncontrollable black market of weapons and ammunition. We all read about the frequent abuse by police officers within this blawg and this proposed Act would trend closer towards a police state and make criminals out of ordinary law-abiding citizens, including me, and I have had only 1 traffic ticket (about 40 years ago)in my entire life.
I’ve got no problem with making ammo traceable back to the purchaser; so long as there’s a corresponding method of tracing it back to the exact firearm discharged.
As of now, it’s already possible to trace ammo back to the basic lot from which it was purchased.
Bobfrog:
“I’ve got no problem with making ammo traceable back to the purchaser; so long as there’s a corresponding method of tracing it back to the exact firearm discharged.”
***********
I understand the identifying marking is made to the base of the projectile and corresponds with the brass markings. I suppose you could match op the striations on the round like we do now and compare it to the rifling on the inside of the barrel of the particular firearm involved.
Mespo:
“I understand the identifying marking is made to the base of the projectile and corresponds with the brass markings.”
That’s fine and well with most guns and shooters that don’t police their brass, but how accurate is that system when it comes to revolvers firing hollow points?
“I suppose you could match op the striations on the round like we do now and compare it to the rifling on the inside of the barrel of the particular firearm involved.”
That’s the old fashioned way; which of course doesn’t work well when the bullet is mangled beyond recognition.
I’m with FFLeo and David on this one. Sorry guys, I consider allowing responsible people ownership of guns to be a fundamental requirement for the perseverance of freedoms in this country, right up there with free speech and apple pie. Putting unreasonable restrictions on people exercising that right is tantamount to banning it in certain circumstances.
David:
“That guy and the alleged legislation is a joke that will never go anywhere.”
David,
Aside from the licensing fee or tax that might be tacked on to the price of ammo, what do you have against making ammo more easily traceable?
One of the only objections I can think of, for now, would be how to distinguish between the sharpshooter/reloader and the common felon.
MASkeptic, David & Former Federal LEO, et. al.
I’ve owned several guns since I was ten years old.
Show me I’m blind, but I fail to see how making ammo traceable is a restriction at all.
Like I said earlier, the biggest problem I see is when the ammo is recycled, i.e. the brass, by the sharpshooter when he loads his own.
Far as a ‘black market’ popping up, as Former Federal LEO contends, I don’t know about that. Old ammo is easy to come by (or find in your own storage areas). I still have ammo I inherited from my father dating back to 1958.
The Patriot Act in action. I am not a gun owner but the precedence it sets for a lot of other “offences” is creepy. Down the slippery slope we go…
Bobfrog:
“Section 3. Prohibition on possession or sale of non-coded ammunition.
2. No later than January 1, 2011, all non-coded ammunition for the calibers listed in this chapter, whether owned by private citizens or retail outlets, must be disposed”
__________________________________________________
After Jan. 2011, all hand loaders and those who have non-coded ammo will become criminals.
Of course, the real criminals will not turn in their ammo, they will hand load, they will purchase black-market coded or hand loaded ammo, they will steal coded ammo, alter the coding, ad infinitum….
Be advised, the National Parks dumb-bots are now checking all vehicles at roadblocks for firearms.
They asked, “Do you have a concealed carry permit?” and then “Do you have any firearms in the vehicle?”
If you answer yes, they proceed to search your vehicle for weapons, and then they run them through the DOJ system to see if it is registered in your name.
If you answer no, and they proceed to check the vehicle, with or without permission, this can lead to more problems.
This state has gone way too far into violating Constitutional rights.
Time to leave.