By HOYT ELKINS
The Union Democrat
The attorney for Glencoe millionaire gun collector Dale Buller on Monday urged Calaveras County Superior Court Judge John E. Martin to drop most of the illegal weapons charges against his client.
Attorney Ken Foley challenged the credentials of California Department of Justice Special Agent Mark Lagarejos who laid out the case against Buller in a preliminary hearing last May. Foley also cited a recent court decision which requires more specificity in determining the legality of certain weapons.
Calaveras Sheriffs deputies and Department of Justice officials seized several hundred firearms from the garage at Buller's Glencoe home. Buller insists that the guns are part of a collection he has amassed over several decades and that they are worth more than $3 million. The Department of Justice is storing most of the weapons while the case works its way through the courts.
Foley argued that some of the guns were manufactured before 1898 and are exempt from firearms regulations.
Buller also is charged with illegally transporting assault weapons across state lines. Foley claimed the only evidence of transport were tags on two of the rifles bearing the name of a Nevada gun show. Foley said no evidence was presented to prove that Buller got the guns in Nevada, much less that he personally transported them.
Prosecutor Dana Pfeil argued that Buller's connection with Nevada is well known. In fact, Foley has asked the court not to schedule further proceedings in August so he can visit a ranch he owns near Elko, Nev.
Challenging Special Agent Lagarejos' credentials, Foley pointed out that Lagarejos had been unable to tell two firearms apart in a photograph presented to him in the preliminary hearing and that he repeatedly said he did not personally decide which of the weapons were illegal.
Pfeil argued that the two guns in the photo are so similar in appearance even an expert would have to examine them physically to determine which was which. She also noted that Foley had stipulated to the expertise of Lagarejos' supervisor who was present during the seizing and cataloging of the collection.
One gun in the collection, a Colt AR-15 A2 Sporter II, led to the first count against Buller for possession of an assault weapon. Foley cited a recent court decision which indicates it is not sufficient for the government to declare every rifle in a series to be an assault weapon without first photographing it, describing its characteristics specifically, and placing it on the published list of banned firearms. The Colt AR-15 A2 Sporter II is not on the list, Foley said.
Judge Martin took Foley's arguments and Pfeil's response under advisement and said he will announce his decision on dropping some of the charges during Buller's next court appearance in September.
