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
Virginia: Spanberger Doubles Down on Semi-Auto Ban, NRA Doubles Down on Lawsuits

Thursday, May 14, 2026

Virginia: Spanberger Doubles Down on Semi-Auto Ban, NRA Doubles Down on Lawsuits

On the night of May 14th, Governor Spanberger once again proved she has no concern for the 2nd Amendment by signing SB749/HB217 - legislation that bans certain semi-automatic firearms, including many semi-automatic rifles, pistols and ...

New York Times Acknowledges Semi-Auto Rifles Aren’t Just Common, But “Ubiquitous”

News  

Monday, May 18, 2026

New York Times Acknowledges Semi-Auto Rifles Aren’t Just Common, But “Ubiquitous”

In the landmark U.S. Supreme Court case District of Columbia v. Heller (2008), that acknowledged the Second Amendment protects the individual right to keep and bear arms, Justice Antonin Scalia noted some of the arms ...

Reading, Writing and Overreacting: Tiny Toy Leads to School “Weapon” Suspension

News  

Monday, May 18, 2026

Reading, Writing and Overreacting: Tiny Toy Leads to School “Weapon” Suspension

Parents and others have expressed concerns over a continuing decline in student literacy rates and math skills. At the same time, there’s a worrying erosion of common sense and critical thinking on the part of ...

New Jersey: Attorney General Sends Subpoenas to Statewide FFLs Seeking Customer Records

Saturday, May 16, 2026

New Jersey: Attorney General Sends Subpoenas to Statewide FFLs Seeking Customer Records

Last year, the New Jersey Attorney General’s Office filed a lawsuit against Glock, Inc. under the state’s public nuisance law. This week, in connection with that lawsuit, FFLs across the state started receiving subpoenas demanding ...

Tell Your Member of Congress to Protect Veterans Second Amendment Rights!

News  

Friday, May 15, 2026

Tell Your Member of Congress to Protect Veterans Second Amendment Rights!

The U.S. House of Representatives is expected to vote as early as next week on the Veterans 2nd Amendment Protection Act.

Massachusetts Officials Embrace Gun Control, Avoid Crime Control, and Force Citizen Action

News  

Monday, May 18, 2026

Massachusetts Officials Embrace Gun Control, Avoid Crime Control, and Force Citizen Action

Massachusetts has among the most restrictive gun control laws in the country. The Bay State is one of an exceedingly small group of states, along with Illinois, to require a license to merely own any ...

Expand Self-Defense? Cue the Hysteria

News  

Monday, May 18, 2026

Expand Self-Defense? Cue the Hysteria

It should come as no surprise to anyone who follows the debate over gun control that anti-gun messaging has not changed much over the years

Sloppy Research and Inaccurate Citations Undermine Bruen’s Historical Standard

News  

Monday, May 18, 2026

Sloppy Research and Inaccurate Citations Undermine Bruen’s Historical Standard

For better and for worse, Second Amendment and firearms related law, especially over the past 20 years, has developed into an extraordinarily dense and complex legal field.

Virginia: Spanberger Signs Unconstitutional Gun Bills into Law

Thursday, April 23, 2026

Virginia: Spanberger Signs Unconstitutional Gun Bills into Law

Today, April 23rd, Governor Spanberger Signed HB1525 and SB727/HB1524 into law. 

UPDATE: Legislation Introduced to Protect Veterans’ Second Amendment Rights

News  

Monday, May 5, 2025

UPDATE: Legislation Introduced to Protect Veterans’ Second Amendment Rights

The Chairmen of the House and Senate Committees on Veterans’ Affairs, U.S. Representative Mike Bost (R-IL-12) and Senator Jerry Moran (R-KS), as well as Senator John Kennedy (R-LA), have reintroduced the Veterans 2nd Amendment Protection Act ...

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.