usinversal background checks prevent lawful citizen from her gun...

Discussion in 'Legal & Political Archive' started by Koda, Feb 10, 2015.

  1. Koda

    Koda
    Oregon
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    I didnt know that Colorado has a similar or identical law to Washingtons I594.

    Apparently, according to this article I stumbled upon they interpret it quite literally...
    http://downtrend.com/71superb/cops-take-gun-from-car-crash-victim-refuse-to-return-it

    involved in a car accident Sara Warren had to go to the hospital. Police took custody of her lawfully carried concealed pistol but according to the law are not allowed to give it back since the police dept doe not have an FFL.
     
  2. Stomper

    Stomper
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    Fuggin' LAWSUIT right thar!! :mad:
     
  3. Kevinkris

    Kevinkris
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    why wouldnt she report it stolen?
     
  4. Riot

    Riot
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    Technically whoever took possession of the firearm without an FFL transfer committed a crime...by Colorado's own law. So whoever has the firearm at this exact moment has committed a crime since there are no exemptions for Law Enforcement (exept in situations deemed to be contraband).

    All they really have to do is walk the gun and her down to a store, ask an FFL to do a BG check then hand her the freekin gun...
     
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  5. Stomper

    Stomper
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    It's probably a matter of ego and "pride" for them now, so it'll be the "long road" for her to get it back.
     
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  6. Riot

    Riot
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    More like a mater of political correctness...any DA should be able to read that thing and realize "oh crap, we have her gun and no transfer was made...we should just make sure she can have it back then give it back." But instead, the same people that probably wrote the damn thing (that would rather everyone not have guns) are saying "well, it says in the law we should do a transfer...and since we don't have an FFL set up to do them- I guess you're screwed."
     
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  7. decklin

    decklin
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    Who pays for it? What they really need to do is recognize an unconstitutional law and not follow it.
     
  8. Norm0931

    Norm0931
    Hillsboro, OR
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    This came up right after it passed a year or two ago. Confiscating the gun initially was deemed to be, "in the process of their duties." I thought the AG decided returning a firearm was also the same. I could be wrong though, but I remember this has happened before in Colorado.
     
  9. Riot

    Riot
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    Who needs to pay for it? It's a phone call by an FFL at most.
     
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  10. IronMonster

    IronMonster
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    I dunno about you but if it meant getting my firearm back I would be happy to throw down a $20 just to end the ordeal. Should I have to? No. But so what. The cops had to do something with the gun if she was unconscious or seriously injured. I dont fault them for gathering it up. But they should also make it as simple and painless as possible for her to get it back. I have picked up several firearms from the police (stolen ones that where retrieved) It was a simple matter of showing my ID and signing a form. Possession by LE should be irrelevant as long as ownership is not in doubt. To say that firearm was "transferred" is asinine. Its amazing how little common sense is exhibited by those supposedly with our best interests at heart.
     
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  11. Riot

    Riot
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    FYI

    Per the law, an FFL cannot charge more than $10 for the call...
     
  12. 44Brent

    44Brent
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    It is the intention of the laws' authors to cause these types of problems. When they use the phrase "common sense", this is exactly the type of scenario that they mean.
     
  13. Just Jim

    Just Jim Well-Known Member

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    Mmmm guess everyone will need to get an FFL and carry paperwork with them that deems something a legal transfer. Or just pack a gun you are not worried to lose. Good case for buying more guns, tell your wives you better stock up:D
     
  14. Riot

    Riot
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    By their own definition, they took possession of her firearm without a transfer or official cause. EMTs handed it to her, and the cops should have dropped it off to her or a family member.
     
  15. John H

    John H
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    I hopes she sues
     
  16. Slobray

    Slobray
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    I agree, someone like the SAF or the NRA should fund her lawsuit and provide a lawyer. Sue the state of CO as a way to get this unconstitutional law overturned.


    Ray
     
  17. Riot

    Riot
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