Explore The NRA Universe Of Websites

APPEARS IN News

Colorado DA Refuses to Prosecute Flood Victims for Private Firearm Transfers

Friday, October 4, 2013

Back in February and March, NRA-ILA warned that Colorado's House Bill 1229, criminalizing the private transfer of firearms, was overbroad, and would unduly burden and ensnare law-abiding citizens. Lo and behold, less than seven months after Gov. Hickenlooper signed HB 1229, some victims of September's devastating floods are fearful of being prosecuted under the new law.

According to an article published in the Greeley Tribune of Greeley, Colo., residents of Weld County, Colo. contacted Weld District Attorney Ken Buck with concerns that if they were to store their firearms with family or friends while cleaning or rebuilding their flood ravaged homes they could face prosecution for an illegal firearms transfer. While the new statute contains very limited exceptions for things like "bona fide gift[s] between immediate family members," it does not exempt the temporary transfer of a firearm for safekeeping at someone else's property.

To assuage the fears of his constituents, in a September 30th press release, Buck announced that he will not prosecute anyone experiencing such hardship. Buck is quoted in the press release as stating, "It would be unconscionable to require those affected by the floodwaters to obtain a background check… And it would be equally unconscionable to prosecute them under these circumstances. This is an example of the consequences of laws that are overbroad and not well thought out and illustrates how such laws can harm residents' rights."

On the same date, Buck sent a letter to the police chiefs of Weld County and Weld Sheriff John Cooke, alerting them to his position. The letter makes clear to the law enforcement agencies, "the District Attorney's Office will not accept for prosecution any allegation that an individual failed to obtain a background check prior to transferring a firearm under these emergency circumstances." In response, Sheriff Cooke, who has joined with 54 other Sheriffs in a lawsuit challenging Colorado's new gun laws, told the Greeley Tribune regarding the flood victims, "They want to get (their guns), and they're going to give them to a friend, and to think that Colorado law just made those people criminals by giving them to a friend without getting a background check victimizes them all over again... It's just callous and wrong."

The recent experience in Colorado serves as another example, along with that of New York's SAFE Act, of the effects of hastily drafted and impulsive legislation that fails to consider the realities faced by the gun owning public. If there is a silver lining to these attacks on gun owners, it is the willingness of local law enforcement, as in Colorado, New York and Illinois, to stand up to their state governments by fighting, or refusing to enforce, unjust and unconstitutional laws, in order to protect the rights of their constituents.

We applaud the words and deeds of District Attorney Buck and Sheriff Cooke, and encourage other law enforcement officials in those areas of Colorado affected by flooding to follow suit in offering their assurance that gun owners facing similar hardship will not face prosecution.

TRENDING NOW
Washington: Another Year – Another Extreme Gun Ban!

Friday, January 14, 2022

Washington: Another Year – Another Extreme Gun Ban!

The legislature only just gaveled in this week and anti-gun legislators and gun control groups couldn’t wait to reintroduce their extreme gun ban legislation - an "assault weapons" ban, Senate Bill 5217.

Biden Administration Finalizes “New” Firearm Storage Rule

News  

Tuesday, January 18, 2022

Biden Administration Finalizes “New” Firearm Storage Rule

On January 3, the Biden Administration’s Department of Justice (DOJ) announced that it would be finalizing a new rule on firearm storage for Federal Firearm Licensees (FFLs). The DOJ additionally announced an update to the Bureau of Alcohol, Tobacco, ...

Washington:  The Hits Keep on Coming as Magazine Ban Pulled to the Senate Floor

Friday, January 14, 2022

Washington: The Hits Keep on Coming as Magazine Ban Pulled to the Senate Floor

On Friday, the Washington Senate pulled magazine ban legislation, Senate Bill 5078 to the Senate Floor where it is eligible for a vote for passage.

Growing the Gun Community in Unlikely Places

News  

Tuesday, January 18, 2022

Growing the Gun Community in Unlikely Places

We mentioned a Beverly Hills gun shop last week in an article about the continued increase in background checks and gun sales. We spoke with the proprietor of that shop, and he offered a very humanized ...

Chicago Politicians, Whistling Past the Graveyard

News  

Tuesday, January 18, 2022

Chicago Politicians, Whistling Past the Graveyard

It’s no secret that crime in Chicago has reached levels not seen in decades. Crime statistics released by the Chicago Police Department (CPD) for October 2021 show significant increases in incidents of serious crime compared to the ...

Anti-gunners Ignore the Obvious, Lamely Try to Blame Gun Sales for Rise in Homicide Rates

News  

Tuesday, January 18, 2022

Anti-gunners Ignore the Obvious, Lamely Try to Blame Gun Sales for Rise in Homicide Rates

Last week, two gun control advocates – who described themselves as a “crime analyst” and a “data scientist” -- published an article in the anti-gun publication The Atlantic blaming the 2020 spike in homicide rates on that ...

Alabama: Sheriff’s Association Working With Anti-Gun Group Opposing Constitutional Carry

Monday, January 17, 2022

Alabama: Sheriff’s Association Working With Anti-Gun Group Opposing Constitutional Carry

Bobby Timmons, director of the Alabama Sheriff’s Association (ASA), is so opposed to acknowledging your inherent right-to-carry, and wants so badly to protect the revenue stream from permit fees, that he openly opposes the Second ...

What You Need to Know about ATF’s New eForms System

News  

Monday, January 10, 2022

What You Need to Know about ATF’s New eForms System

On December 23, ATF launched a new system for applicants to complete various forms that ATF is responsible for administrating. For most gun owners, this change will primarily impact how applications for firearms regulated under ...

Guide To The Interstate Transportation Of Firearms

Gun Laws  

Thursday, January 1, 2015

Guide To The Interstate Transportation Of Firearms

CAUTION: Federal and state firearms laws are subject to frequent change. This summary is not to be considered as legal advice or a restatement of law.

Indiana: House Passes Lawful Carry, Sends To Senate

Wednesday, January 12, 2022

Indiana: House Passes Lawful Carry, Sends To Senate

Yesterday, the House voted 64-29 to pass House Bill 1077, the lawful carry bill. It will now go to the Senate for further consideration.

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.