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The FBI Would Like Its MP5 Submachine Gun Back, Please

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A rifle, bullet proof vest and ammunition magazines were stolen from an FBI agent’s vehicle earlier this month, and now the bureau is seeking the public’s assistance to track down the items, BayAreaNewsTalk.com has learned.

The FBI’s San Francisco Field Office has confirmed to BayAreaNewsTalk.com that the items were taken from an FBI special agent’s vehicle sometime between 6:00 p.m. on Jan. 8 and 10:00 a.m. on Jan. 9 in either Concord, Orinda or Lafayette. Officials say the rifle was an H&K (Heckler & Koch) 10mm MP5. Three ammunition magazines were also taken.

Although the FBI did not confirm the items were left unsecured in the vehicle, in 2016, California Governor Jerry Brown signed Senate Bill 869, which makes the failure to secure a handgun by law enforcement officers an infraction, punishable by up to a $1,000 fine. Contra Costa County District Attorney Mark Peterson said since this case involves a rifle, SB869, which is now known as penal code 25140, does not apply. He said even if it was applicable, his office does not get involved in infractions.

The FBI is currently working with the Contra Costa County Sheriff’s Office to find and recover the stolen items. Anyone with information should get in touch with the FBI San Francisco Field Office at 415-553-7400 or at tips.fbi.gov.

5 COMMENTS

  1. Umm….why was the FBI in Orinda, Lafayette and Concord (all in one day) with machine guns? Maybe it’s part of their standard “trunk full of tricks” package….

    • Not certain about what brought them into the area this day but we can say from firsthand experience that the FBI and other federal agencies do carry some comparatively exotic hardware with them, at times.

  2. I’m surprised, and disappointed that our district attorney Mark Peterson thinks this is a small infraction and won’t do anything about it. I’m sorry about it for him

  3. It’s the FBI, a federal agency. I doubt a district attorney has any jurisdiction in the matter or that state law could be applied.

  4. @Greg T: Article suggests that no law was broken because weapon was not a handgun. In any case, if not properly secured per his agency’s polices, I suspect the agent is more worried about discipline / job security than a $1000 fine…

    @Tim: I dunno. If he was off duty, I think California could enforce this law against him (if it applied to rifles). If he was on duty, especially if his actions were broadly consistent with his agency’s policies (i.e., was carrying around a machine gun within the normal scope of his official duties/activities at the time?), I think he could assert federal immunity. I see this as similar to an FBI agent caught speeding.

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