Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

Florida Alert: What Can Happen Under So-Called "Universal" Background Checks

Monday, October 7, 2013

DATE:   October 7, 2013
TO:        USF & NRA Member and Friends
FROM:  Marion P. Hammer
              USF Executive Director
              NRA Past President

If you know anyone who is misinformed enough to support so-called "universal background checks", please show them this article.  Thankfully, this District Attorney in Colorado understands the folly of prosecuting law-abiding people.

However, if you simply assume that Florida's State Attorneys would follow Colorado’s lead under a similar scheme, you might want to reconsider.  While some would refuse to prosecute in these situations, unfortunately many Florida State Attorneys are anti-gun and far too quick to go after honest citizens instead of violent criminals.

Please take a moment to read the below  article:

Colorado DA Refuses to Prosecute Flood Victims for Private Firearm Transfers
Posted on 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
The Danger Of A “Not In My Backyard” Mentality On Shooting Ranges

News  

Wednesday, July 19, 2017

The Danger Of A “Not In My Backyard” Mentality On Shooting Ranges

Muscatine County, Iowa, is home to about 40,000 people, and like too many places around the country, gun owners there have no public range where they can practice or compete safely. That may be changing, ...

Court to Texas College Professors: Your Irrational Fear of Gun Owners Is Not Legally Addressable

News  

Wednesday, July 12, 2017

Court to Texas College Professors: Your Irrational Fear of Gun Owners Is Not Legally Addressable

Last Thursday, a federal judge in Austin, Texas, dismissed a lawsuit by several professors who sought to block the University of Texas from implementing a state law that provides for the lawful carrying of concealed ...

California: Anti-Gun Bills to be Heard in Assembly Appropriations Committee on Wednesday, July 19

Monday, July 17, 2017

California: Anti-Gun Bills to be Heard in Assembly Appropriations Committee on Wednesday, July 19

On Wednesday, July 19, anti-gun bills SB 464 and SB 497 are scheduled to be heard in the Assembly Appropriations Committee at 9AM in State Capitol room 4202.  Assembly Bill 424 remains eligible for third ...

CMP Sales of 1911s One Step Closer With House Passage of 2018 NDAA

Friday, July 14, 2017

CMP Sales of 1911s One Step Closer With House Passage of 2018 NDAA

On Friday, the U.S. House of Representatives passed H.R. 2810, the National Defense Authorization Act (NDAA) for Fiscal Year 2018. Included in the bill is a provision that would make U.S. Army surplus 1911 .45 ACP ...

One More Reason Gun Owners Should Be Celebrated

News  

Second Amendment  

Thursday, July 20, 2017

One More Reason Gun Owners Should Be Celebrated

The safety record of America’s gun owners is nothing short of stunning. 

California:  "Assault Weapon" Regulations Take 3: CA DOJ Resubmits Regulations

Friday, July 21, 2017

California: "Assault Weapon" Regulations Take 3: CA DOJ Resubmits Regulations

Today, July 21, the California Department of Justice (“DOJ”), without warning or any notification,  submitted another set of proposed regulations for the registration of newly classified “assault weapons” to the Office of Administrative Law.  As ...

Gun Control Groups: Good at Gloating, Bad at Counting on Advancing National Reciprocity Effort

Friday, July 14, 2017

Gun Control Groups: Good at Gloating, Bad at Counting on Advancing National Reciprocity Effort

Apparently, Michael Bloomberg is good at counting money but not so good at counting votes. This week, Breitbart reported that Everytown for Gun Safety, Michael Bloomberg’s gun ban conglomerate, was claiming a “win” for congressional ...

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.

Run, Hide, Perish – Survival Do’s and Don’ts from Across the Pond

News  

Friday, July 14, 2017

Run, Hide, Perish – Survival Do’s and Don’ts from Across the Pond

The United States Department of Homeland Security (DHS) advises persons at risk of harm from an active shooter to “Run, Hide, Fight” (in that order), recommending “fight” – incapacitating or “attempt[ing] to take the active ...

California: DOJ Releases Proposed Regulations Regarding Ammunition Vendor Licensing

Tuesday, July 18, 2017

California: DOJ Releases Proposed Regulations Regarding Ammunition Vendor Licensing

On Friday, July 14th, the California Department of Justice, Bureau of Firearms (“DOJ”) claims to have released its anticipated proposed regulations for the issuance of ammunition vendor licenses.  Under the Administrative Procedure Act, a government ...

MORE TRENDING +
LESS TRENDING -
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.