Gun transfer laws stall firearm returns

Discussion in 'Legal and Activism' started by Overkill0084, May 10, 2014.

  1. Overkill0084

    Overkill0084 Active Member

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    http://www.reporterherald.com/news/...25491/gun-transfer-laws-stall-firearm-returns

    Even if the opinion of the city attorney & the DA are to be taken at face value, apparently it's too hard to broker it through a gun shop?
    What a load of excrement. Sounds like the citizens of Colorado still have some work to do. Stupid laws cause stupid problems.
    IMHO, the burden is on the agency to return the citizen's property as soon as reasonably possible.
     
  2. mseric

    mseric New Member

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    I would suspect it is by design and not an unintended consequence.

    Don't worry, the voters in CO will put back the democrats that lost in the special recall elections and things will get back to being "groovy man, groovy".

    OH, forgot,
    Dude.
     
    Last edited: May 10, 2014

  3. c3shooter

    c3shooter Administrator Staff Member

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    hogwash.jpg


    Pure hogwash. In the case in the original post, THERE IS NO TRANSFER OF OWNERSHIP of the firearm.

    If the elected officials persist in this behavior, a criminal charge of theft of a firearm should be brought against them, as well as a charge of abuse of authority.
     
  4. mseric

    mseric New Member

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    Ah if it were only that simple. Without Money, there is nothing she can do and if she is a Democrat, Good, I hope she never gets her property back.

    The police want to give it back, but a new universal background check law passed last year amid much controversy requires a Federal Firearms License background check.


    http://dailycaller.com/2014/05/09/colorado-woman-cant-get-her-gun-back-thanks-to-new-law/

    Only way this law is not the law is if someone with $money$ takes the State of CO to Court.
     
  5. kfox75

    kfox75 Well-Known Member Supporter

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    Have to agree with C3 here. If she is smart, and she saved the sales receipt for her pistol, she should go to the city department with a deputy or a lawyer, and inform them that if they do not return HER property, SHE will press charges.

    As C3 said, it is her gun, and if she has proof, legally, it must be returned to her ASAP.
     
  6. Axxe55

    Axxe55 The Apocalypse Is Coming.....

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    and any receipt for the sale of a firearm has the firearms serial number on that receipt.

    personally, this is BS. there isn't a transfer of ownership. it's her gun not the police departments.

    for what reason did the police department take possession of her gun to begin with?
     
  7. c3shooter

    c3shooter Administrator Staff Member

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    There is a world of difference between taking POSSESSION of a firearm, and transferring ownership. The law in Colorado requires a background check when transferring ownership.

    I am flying to a hunting trip. My rifle is in my checked baggage. I surrender POSSESSION of my rifle to the airline. I did not transfer ownership of my rifle to them. When I get to my destination, they pass possession back to me.

    There are multiple situations where a LEO may take possession of a firearm or other property to secure it- until it can be returned to the owner. In this case, the lady was in an accident, transported by ambulance- and the EMTs surrendered her firearm to LEOs for safe keeping.

    Unless the PD has cause to believe she is a "prohibited person" there is no legitimate reason to refuse to return her sidearm. Again, the Colorado law is with regard to firearm TRANSFERS. The officials involved should be charged with felony douchebaggery.
     
  8. mseric

    mseric New Member

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    Should be, but won't be.

    The FFL transfer you guys speak of is a Federal Regulation. The State of Colorado has added to this regulation within the State. Nothing that I'm aware of says that a State cannot increase or add to a Federal regulation within their own State.

    No different then the "waiting period" some states have added to the "Regulations' when purchasing a firearm. Nothing in the ATF or Federal regulations calls for a "waiting" period, but several States have added this to their own State regulations.
     
    Last edited: May 11, 2014
  9. c3shooter

    c3shooter Administrator Staff Member

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    I AM speaking of the Colorado State law.
     
  10. Axxe55

    Axxe55 The Apocalypse Is Coming.....

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    transfer denotes ownership. if i buy a raffle at a fundraiser and win a gun, i have to complete an FFL form 4473, because ownership thrnasfered.

    if i buy a gun at the gun store, same thing.

    ownership of her pistol never changed. the police only took possession of the pistol for safekeeping, because she was injured and had to go to the hospital.

    she never sold the pistol and by all accounts still owns the pistol. so no transfer is needed, even by state law or federal law. they are keeping in their possesion, property that doesn't belong to them.
     
  11. mseric

    mseric New Member

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    You guys are using the words "Transfer" and "Ownership" as it applies to ATF regulations.

    I have not seen the CO statute and I have no idea what it says, or even if it uses the words, "ownership" or "transfer".

    This is Colorado we are talking about. They can and prolly will pass a law that says, once a firearm is no longer in the Legal owners personal possession it cannot be returned to them as they have given up all Legal right to ownership.

    Oh wait, that is exactly what they have done.
     
  12. Axxe55

    Axxe55 The Apocalypse Is Coming.....

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    then it's still simple. they have stolen the property!
     
  13. mseric

    mseric New Member

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    Legally stolen it! :mad:
     
  14. Overkill0084

    Overkill0084 Active Member

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    Update:

    http://m.nationalreview.com/article/377985/sara-gets-her-gun-charles-c-w-cooke

    It's kind of sad that you have to involve national media to get your property back. I guess the next step would have been to ask that charges of theft be filed against the City Attorney.
     
  15. JimRau

    JimRau Well-Known Member Supporter

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    Try the tenth amendment. The second amendment address the 'Right to keep and bear arms' thus the states have NO authority to pass ANY laws to restrict or limit it!:mad:
    This is a prime example of what is going on in OUR government at all levels, no accountability WHAT SO EVER! This also shows what I have been saying, 'it is easier to do the wrong thing than to do the right thing'!:(
     
    Last edited: May 18, 2014
  16. TekGreg

    TekGreg Lifetime Supporting Member Lifetime Supporter

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    No, this lacks Common sense. There are LGSs that LEOs purchase weapons from that are trusted by LEOs. The Sheriff calls LGS and gives name to owner. Person enters LGS, provides ID and pays small fee for check. LGS owner calls Sheriff and notifies him of result of background check. Person goes to Sheriff's Dept and picks up gun.

    What in the law makes this so difficult???
     
  17. kfox75

    kfox75 Well-Known Member Supporter

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    The complete and total lack of common sense on the part of the parties writing said laws, coupled with an inept City Attorney who is probably as anti-2A as they come is my guess. The Firearm in question is in the custody of the city PD. What, they can run a BG check when you are a suspect and when you are arrested, but they can't do a simple check on you right there at the station to claim your personal property?

    Horse Sh!t. Even if CO has a law affecting transfers of ownership, this is NOT an ownership transfer. No FFL is required, regardless of state law, to return one's property to one's self, and if a BGC is holding up the works, the entire PD needs to be fired for dereliction of their duties. They ARE a PD, and they can do a BGC on her at the station. Period!

    Am I the only one who is having a WTF moment here?
     
  18. Axxe55

    Axxe55 The Apocalypse Is Coming.....

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    i don't think you're alone in having a WTF moment!:D

    it is rather stupid and rather rediculous all at the same time. what part of the law are they having such hard time with? there is no transfer of ownership and never was at anytime. if they run the numbers, that pistol will more than likely come back to the woman who owns it. Hmmmm....it didn't become property of the police department, just because they took possession of it because she went to the hospital.

    personally i think she needs to file criminal and civil charges against the police department for theft of property.
     
  19. WebleyFosbery38

    WebleyFosbery38 New Member

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    They deny that which is legal by stating they dont have the authority at hand to process requests! Some NY Counties have done the same thing by underfunding the offices that would handle these requests. It can take well over a year to get your permit in some counties because of backlogging. Its BS, like saying you have to wait to have a beer even though your 21 until the state verifies your age for you!

    These same counties have countless programs that are fully funded to research daisy varieties, evaluate effectiveness of toilet plungers and shime tires on city busses but they cant afford to fully fund an agency thats roots are primarily the exercising of our basic rights as Americans??? I bet the Pot Taxation Weighs and Means commish is fully staffed!
     
  20. alsaqr

    alsaqr Well-Known Member Supporter

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    The lady can't get her gun back because the idiot city attorney won't allow it.

    BTW: This same lawyer mentality prevented the US from taking custody of Osama bin Laden.