Random Question about UBC and Gun buy backs ....

[clublights]

Would the police in colorado be legally able to do a gun buy back after july 1 with the way the law is written without doing a background check ?

This randomly popped into my head.. and I don't recall an exception for police to take transfer of the guns without the background check .

[Great-Kazoo]

Buy backs are to get guns off the street,s with their Caveat of, NO QUESTIONS ASKED. So no they do not need to do BG's.

[robertcolorado2009]

Remember, THEY are the law. THEY are above the law. THEY can do what ever they want.

[clublights]

Buy backs are to get guns off the street,s with their Caveat of, NO QUESTIONS ASKED. So no they do not need to do BG's.


Yes but reading the law I can't see an exception for the police to buy a weapon back .. At that point they would be a tranferee...

It's an interesting argument at least . Tho I don't think I've ever seen one in colorado anyways . But the again the way I read it they would have to do a BGC to take the weapon in.

[spqrzilla]

No, a gun "buyback" by a department would be by a government entity - which is not covered by the background check law.

However, I didn't see any exceptions if a police department issues a firearm to an officer.

[clublights]

No, a gun "buyback" by a department would be by a government entity - which is not covered by the background check law.

However, I didn't see any exceptions if a police department issues a firearm to an officer.


Thats just it .. I do not see a government agency in the listed expections ...

From HB1229 as enacted:


(6) THE PROVISIONS OF THIS SECTION DO NOT APPLY TO:
(a) A TRANSFER OF AN ANTIQUE FIREARM, AS DEFINED IN 18 U.S.C.







SEC. 921(a) (16), AS AMENDED, OR A CURIO OR RELIC, AS DEFINED IN 27CFR 478.11, AS AMENDED;
(b) EXCEPT AS PROHIBITED BY SECTION 18-12-111, A TRANSFERTHAT IS A BONA FIDE GIFT BETWEEN IMMEDIATE FAMILY MEMBERS, WHICHARE LIMITED TO SPOUSES, PARENTS, CHILDREN, SIBLINGS, GRANDPARENTS,AND GRANDCHILDREN;
(c) A TRANSFER THAT OCCURS BY OPERATION OF LAW OR BECAUSEOF THE DEATH OF A PERSON FOR WHOM THE PROSPECTIVE TRANSFEROR ISAN EXECUTOR OR ADMINISTRATOR OF AN ESTATE OR A TRUSTEE OF ATRUST CREATED IN A WILL;
(d) A TRANSFER THAT IS TEMPORARY AND OCCURS WHILE IN THEHOME OF THE UNLICENSED TRANSFEREE IF:
(I) THE UNLICENSED TRANSFEREE IS NOT PROHIBITED FROMPOSSESSING FIREARMS; AND
(II) THE UNLICENSED TRANSFEREE REASONABLY BELIEVES THATPOSSESSION OF THE FIREARM IS NECESSARY TO PREVENT IMMINENT DEATHOR SERIOUS BODILY INJURY TO THE UNLICENSED TRANSFEREE; OR
(e) THE TRANSFER IS A TEMPORARY TRANSFER OF POSSESSIONWITHOUT TRANSFER OF OWNERSHIP OR A TITLE TO OWNERSHIP, WHICHTRANSFER TAKES PLACE:
(I) AT A SHOOTING RANGE LOCATED IN OR ON PREMISES OWNED OROCCUPIED BY A DULY INCORPORATED ORGANIZATION ORGANIZED FORCONSERVATION PURPOSES OR TO FOSTER PROFICIENCY IN FIREARMS;
(II) AT A TARGET FIREARM SHOOTING COMPETITION UNDER THEAUSPICES OF, OR APPROVED BY, A STATE AGENCY OR A NONPROFITORGANIZATION; OR
(III) WHILE HUNTING, FISHING, OR TRAPPING IF:






1 (A) THE HUNTING, FISHING, OR TRAPPING IS LEGAL IN ALL PLACES

2 WHERE THE UNLICENSED TRANSFEREE POSSESSES THE FIREARM; AND

3 (B) THE UNLICENSED TRANSFEREE HOLDS ANY LICENSE OR PERMIT

4 THAT IS REQUIRED FOR SUCH HUNTING, FISHING, OR TRAPPING.

[Great-Kazoo]

Yes but reading the law I can't see an exception for the police to buy a weapon back .. At that point they would be a tranferee...

It's an interesting argument at least . Tho I don't think I've ever seen one in colorado anyways . But the again the way I read it they would have to do a BGC to take the weapon in.

Stop reading the law. 2 different entities, people selling guns to each other AND .gov .org authorized to remove guns from the streets. The BB guns are going to be destroyed, not resold. The "Police" are not buying them back the .gov is.

LE dept's do this in CA, Ill, NY etc where , GUNS ARE ILLEGAL. Yet they do BB's on a No Questions Asked policy.
THE END JUSTIFIES THE MEANS.

[JMBD2112]

http://www.breitbart.com/Big-Government/2013/07/26/Police-Gun-Buy-Back-Program-Canceled-Over-Colorado-s-Strict-Gun-Laws

[Mtn.man]

https://sphotos-a-sjc.xx.fbcdn.net/hphotos-ash3/s403x403/71419_590983877591060_470428131_n.jpg

[Dlesh123]

Would the police in colorado be legally able to do a gun buy back after july 1 with the way the law is written without doing a background check ?

This randomly popped into my head.. and I don't recall an exception for police to take transfer of the guns without the background check .

Regardless of the law, it appears that may be the case, at least in this sherrif's mind.

http://www.thedenverchannel.com/news/front-range/boulder/gun-buyback-at-boulder-county-sheriffs-compound-canceled-over-new-colorado-gun-laws

[Rucker61]

No, a gun "buyback" by a department would be by a government entity - which is not covered by the background check law.

However, I didn't see any exceptions if a police department issues a firearm to an officer.


July was talking about this with a local cop friend. His department does have to do BCGs on new gun issues.

[Dalendenver]

The police just cancelled a planned buyback in Boulder for this very reason. It was in the Denver Poopsheet this week. They couldn't find a FFL holder willing to come out for the day and the people buying the guns would have to pay for a BGC on every one.