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California Clerk Stops Robbery with “Assault Rifle”: Defensive Gun Use of the Day

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Last week, at 1:55 a.m at a 7-11 convenience store in Fresno, California, an armed and alert clerk fired one shot to stop an attempted armed robbery. It has been reported that the suspects were armed with an “assault rifle.” From the daily mail.co.uk:

Two robbery suspects who burst into a California convenience store were left running for their lives after a store clerk turned the tables on them and fired back.

Surveillance footage from inside a 7-Eleven store in Fresno shows the moment a man brandishing a rifle, followed by a woman, went into the store and demanded money.

The entire incident took about eight seconds. With the advantage of plenty of time and screenshots from the surveillance video, though, you can see that the suspects were not armed with a rifle. There’s no buffer tube or stock.

The magazine appears to be of standard size, but some manufacturers make .22 rimfire pistols that are close to this configuration, such as the Mossberg 715P.  The sights and carry handle are incorrect for the Mossberg, though. It could be the Mossberg 715T rifle, with a shortened barrel and the stock removed.

Then again, it could have been an airsoft gun. That could explain why the suspect didn’t fire any shots. In California, the penalties for brandishing a fake gun are less than the penalties for brandishing a real gun. From shouselaw.com:

1. Brandishing a pistol, revolver, or other firearm capable of being concealed upon the person… in a rude, angry, or threatening manner… in a public place:
– a minimum three (3) month, to a maximum one (1) year, jail sentence, and/or
– a maximum $1,000 fine.

2. Brandishing any other firearm… or brandishing a firearm in other than a public place… in the same manner: not less than three (3) months in county jail.

3. Brandishing an imitation firearm: not less than 30 days in county jail.

Was the item used by the suspect above real or fake? Hard to decide in a few adrenaline charged seconds, and the clerk had no obligation to do so. He hasn’t been charged.

©2016 by Dean Weingarten: Permission to share is granted when this notice and link are included. Gun Watch

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