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My Bad- I guess BBguns are firearms in Minn.

stoned40yrs

Ripped since 1965
Veteran
This is some fukked up shit, now i gotta throw my BB guns too.

pot bust in NE Minn.

--------------------------------------------------------------------------------

SIDE LAKE -- A Boundary Waters Drug Task Force operation found a lot of pot last week north of Hibbing -- the biggest marijuana growing operation the agency has ever seen in northern Minnesota.

That’s the assessment of BWDTF Commander Dennis Benz in describing a flyover/ground discovery of more than 1,300 marijuana plants weighing more than 200 pounds and carrying a street value of more than $1 million.

Authorities last Thursday arrested Thorsten Gorham Otterness, 49, of Side Lake, at his residence. He was arraigned on Wednesday in District Court in Virginia with three felony counts. They are:
• First-degree possession of marijuana with the intent to sell.

• First-degree possession of marijuana.

• Possession of a prohibited firearm -- a Daisy BB gun. He was not allowed to have any firearm because of a 2000 conviction of sale of marijuana -- a crime of violence.

The maximum sentence for the drug charges is a maximum of 30 years in prison and/or a $1 million fine for a first violation or up to 40 years and/or a $1 million fine for a second or subsequent violation.

The maximum sentence for the firearms charge is 15 years in prison and/or a $30,000 fine.

In a telephone interview Wednesday afternoon, Benz said a cooperative law enforcement effort was launched that included a flyover the Otterness residence at 7282 Rearing Pond Road in Side Lake.

“We have people of interest who we compile with information provided and past history. We then get GPS locations to make sure we are not flying randomly so that when we go up with the copter we utilize it efficiently.

“He (Otterness) had a 1991 third-degree conviction for cultivating marijuana. We had certified spotters trained to see this type of foilage,” Benz said.

There were five law enforcement officers in the U.S. Army Blackhawk helicopter from the Air National Guard that was used on last week’s mission, he said.

The complaint describes what was seen on the flight.

“Upon flying over the property, Deputy Tarr observed a large marijuana grow operation approximately 100 yards north of a red trailer house and another building behind a row of pine trees in an open field area. Through his training and experience, he believed that the large plants appeared to be that of marijuana plants.”

Officers then obtained a search warrant and it was executed at 7:41 p.m. last Thursday.

The defendant reviewed the search warrant, according to the complaint, and said he wanted an attorney while also saying he would take full responsibility for why officers were on the property.

The complaint describes the marijuana discovery.

“Officers noted that inside the trailer house the west end of the room was converted into a marijuana drying room. They observed marijuana plants hanging from strings running across the ceiling. Further, in another bedroom along the south wall, they observed a marijuana starting room where it appeared that the defendant was starting seedling plants before placing them outside.

“Officers then went to a log cabin located directly behind the trailer which appeared to be used as a large scale drying room for a marijuana grow operation.

“Officers located an outdoor marijuana grow north of the residence which contained approximately 1,325 plants that were about six feet in length. Officers pulled 175 of the plants, leaving the root structure intact with the remaining plants harvested by a chainsaw or machete.

“The marijuana plants were then removed and placed in a St. Louis County dump truck for transport. The dump truck was then driven and placed in a locked Morton building with the intent to weigh the dump truck to determine the weight of all the marijuana plants. The weight of the plants is believed to be in excess of 100 kilograms.”

Benz said the BWDTF last year busted nine marijuana growing operations, making eight arrests.

“This just shows to those growing that if you do so, you can get caught,” he said.

Benz praised the cooperative law enforcement effort, that included assistance from the Minnesota Air National Guard, U.S. Forest Service, St. Louis County Sheriff’s Office and the Virginia Police Department.

“Everyone really worked together well. And we can’t be successful without such help,” Benz said.
 

ddrew

Active member
Veteran
Sounds like a very dangerous criminal has been taken off the streets.
A BB gun? Wtf?
 

I N Hail

Growing Grower AKA Wasted Rock Ranger
Veteran
"But you'll shoot your eye out kid"

picture.php



Yep i bet a BB-gun could do some real damage to a bullet proof vest,,WFT
 

etinarcadiaego

Even in Arcadia I exist
Veteran
In some states a BB gun is NOT a firearm, but here is the law in Minnesota, taken from the guide for legislators and citing the state statute:

"Firearm” means a gun that discharges a projectile or shot by
means of an explosive, a gas, or compressed air.
Minn. Stat. § 97A.015
 

etinarcadiaego

Even in Arcadia I exist
Veteran
For instance, in Michigan, BB guns are specifically referred to as NOT firearms, so i feel for that guy . . .

8.3t “Firearm” defined.
Sec. 3t. The word “firearm”, except as otherwise specifically defined in the statutes, shall be construed to include any
weapon from which a dangerous projectile may be propelled by using explosives, gas or air as a means of propulsion, except
any smooth bore rifle or handgun designed and manufactured exclusively for propelling BB’s not exceeding .177 calibre by
means of spring, gas or air.
History: Add. 1959, Act 189, Imd. Eff. July 22, 1959.
 

DiscoBiscuit

weed fiend
Veteran
Thirty years for growing is whacked.

Fifteen years for a BB gun is even worse.

IN Hail's post was funny as hell.

An ex-con growing a field of pot and violating gun laws? Not the brightest bulb in the socket.
 

homerjay

New member
When my brother in law got done serving his time he was told that a BB gun would be treated as a firearm. They even tried to revoke his parole when they did a house inspection and found my father in laws BB gun he uses to chase off the neighbor hood cats. He was just staying with his parents until he could save up the $$ for his own place. This was all in New Mexico where the gun laws haven't changed since the 1800's. If your a felon it's time to play the straight and narrow.
 
L

LolaGal

They are Gonna weigh the DUMP TRUCK??? to weigh the weed inside???

WTF?

I thought supreme court ruled that flying over was illegal to obtain a search warrant? What's the probable cause? The guy's prior bust?

I should go to law school.
 
G

good drown

They are Gonna weigh the DUMP TRUCK??? to weigh the weed inside???

.
yes beleive it or not that is how our country runs on stuff.
each business vehicle is usually required by state law to submit 2 weights. empty weight and max loaded weight. at a truck stop it scan their number, goes into computer database, find info, then compares your weight to the database. with new weight stations open to the publis last year, you dont even have to stop, it weighs you at 45mph.
 

qbert

Member
Thirty years for growing is whacked.

Fifteen years for a BB gun is even worse.


Don't confuse the maximum penalty's with what the sentence will really be.

Here in MN we use a sentencing guideline grid that has criminal history points along the x-axis and felony severity level along the y-axis.


Unfortunately, 1st degree controlled substance crime in MN is a severity level 9 (of 11). That means we consider it as severe as 1st degree assault or manslaughter or 1st degree sexual assault. Yeah, growing a field of pot is as severe as raping a child... uh huh.

But anyway, severity level 9 in MN carries a first-time penalty of an 86 month commitment to the commissioner of corrections. With history that jumps 12 months for each felony point on his record. In MN inmates do 2/3's in prison and 1/3 on parole.

So while he won't do 30 or 40 years, he will do 5.
 

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