Has anyone been charged with either of the two new Colorado firearms related laws yet?

[kidicarus13]

Does it surprise anyone that no one (that I've heard of) has been charged with either of the two firearms related laws that took effect 07/01/13? I figured some rank and file officer/deputy would try to ruin some schmuck's life and make an example of them by now. After seeing that no none was arrested during the public-magazine-pass-around a few months ago I feel like there may be some hope after all.

[ZERO THEORY]

I wouldn't be too confident, if I were you.

[Great-Kazoo]

I wouldn't be too confident, if I were you.

Or boastful.

[ChunkyMonkey]

DADT [Flower]

[spqrzilla]

Does it surprise anyone that no one (that I've heard of) has been charged with either of the two firearms related laws that took effect 07/01/13? I figured some rank and file officer/deputy would try to ruin some schmuck's life and make an example of them by now. After seeing that no none was arrested during the public-magazine-pass-around a few months ago I feel like there may be some hope after all.

It does not surprise me that there have been no arrests. There are few LEO's interested in actively enforcing the laws. However, that there have been no arrests does not give me any "hope". The purpose of the law from Bloomberg's point of view is to make it riskier to own guns. That does not change if no one is arrested for violations. Because anytime an LEO decides to make brownie points with Bloomberg - and there are still plenty of Bloomberg friendly mayors and police chiefs around - we are at risk.

The point of the law was to turn us into Massachusetts or New Jersey where you never know if an innocent action will create a felony.

[Ronin13]

Here's something interesting I've learned from having classes taught by several deputy DAs with the Jefferson County DAs office:
There are literally thousands of pages of statute in the State of Colorado- out of every law and ordinance, there are dozens that aren't prosecuted. There are so many laws on the books that DAs have flat out said "I have never seen this prosecuted, ever." One was coming from a 17 year veteran prosecutor. So no, I'm not surprised that no one has been prosecuted under these laws (yet), and if no one ever is, well then it just turns into another stupid, useless law that should be gotten rid of.

[Zundfolge]

Nobody has to be arrested or charged with these laws for them to be a "success" ... creating FUD in gun owners and getting gun sellers to cut us off of the good stuff is all they have to do. Bastards.

[Great-Kazoo]

Here's something interesting I've learned from having classes taught by several deputy DAs with the Jefferson County DAs office:
There are literally thousands of pages of statute in the State of Colorado- out of every law and ordinance, there are dozens that aren't prosecuted. There are so many laws on the books that DAs have flat out said "I have never seen this prosecuted, ever." One was coming from a 17 year veteran prosecutor. So no, I'm not surprised that no one has been prosecuted under these laws (yet), and if no one ever is, well then it just turns into another stupid, useless law that should be gotten rid of.


In today's knee jerk society. Enforcement & Prosecution for something firearm related are not back burner items. The Gun Show BG law came about for a few reasons, the main one that chick who testified how she was able to Straw Purchase for K & H at a gun show. She was facing charges for providing a weapon used in a crime blah, blah, blah. Immunity was given IF she testified how easy it was to buy at a gun show. Realistically she should have done 3-5, but once again POLITICS Trumps COMMON SENSE.

[Ronin13]

POLITICS Trumps COMMON SENSE.
Could not have said it better myself. Looking through just about 1/10th of the statute, it's mind boggling how many lobby influenced and "feel good" laws there are. [Bang]

[RonMexico]

I haven't but I wasn't doing anything wrong during a trade with another member. 1 sheriff came to the parking lot, then two more showed up. It was a little awkward to have three cars parked so close to the trade. Four months ago I could have cared less but now it makes you think twice.

[Zundfolge]

The Gun Show BG law came about for a few reasons, the main one that chick who testified how she was able to Straw Purchase for K & H at a gun show.

And the thing is WITH the Gun Show BG law she still could have straw purchased guns for K & H.

[Eric P]

And the thing is WITH the Gun Show BG law she still could have straw purchased guns for K & H.

But she would have to falsify the answer on the bg check form. Why would anyone do that?

[Great-Kazoo]

But she would have to falsify the answer on the bg check form. Why would anyone do that?

[pick-me]

[BlasterBob]

But she would have to falsify the answer on the bg check form. Why would anyone do that?

Think of the numerous times someone fills out a 4473, where the form asks if there are ANY violations that would prevent the prospective buyer from making the purchase. Upon the CBI check, they advise the dealer/seller to NOT go ahead with the transfer because of some felony or even a domestic violence conviction. Have any of the LEO's followed up on such cases since that prospective buyer is actually guilty of perjury due to the fact that he/she falsified the 4473?. Yeah, I know --
[beatdeadhorse]

[def90]

Just goes to show how effective these laws are! Saving lives already. ;)

sent from a soup can and some string..

[crays]

I haven't but I was doing a trade with another member and 1 sheriff came to the parking lot, then two more showed up. It was a little awkward to have three cars parked so close to the trade. Four months ago I could have cared less but now it makes you think twice.

Maybe the Krispy Kreme parking lot wasn't such a good choice.

Sent via my Mobile Work Avoidance Device

[OneGuy67]

Think of the numerous times someone fills out a 4473, where the form asks if there are ANY violations that would prevent the prospective buyer from making the purchase. Upon the CBI check, they advise the dealer/seller to NOT go ahead with the transfer because of some felony or even a domestic violence conviction. Have any of the LEO's followed up on such cases since that prospective buyer is actually guilty of perjury due to the fact that he/she falsified the 4473?. Yeah, I know --
[beatdeadhorse]

I've tried in the past Bob, but there isn't a DA I've found so far that would accept charges. It is the gray area between a state law violation on a federal form that keeps the DA's from going after it. The local DA's believe it is a federal law violation and should be prosecuted by the AUSA's and they won't go after it as it is on the bottom of their priority list.

[splogan]

Hopefully it gets repealed. Enforced or not gun laws can hem you up. Usually a byproduct of something completely unrelated. Trying to follow all the stupid laws has cost all of us a ton of money and time

[kidicarus13]

Trying to find a work-around of all the stupid laws has cost all of us a ton of money and time

Fixed it for you.

[TAR31]

There has also been no mass murders with guns since these laws passed, proof that they work....

[cfortune]

I look at Armslist almost daily (mainly out of boredom and for a laugh). It's crazy how many guns are posted claiming it will come with x number of >15 round mags. Either no one gives a shit, people have no idea, or http://dayofthejedi.com/wp-content/uploads/2011/03/27.jpg

[merl]

There has also been no mass murders with guns since these laws passed, proof that they work....

What I have here is a genuine stone of tiger protection. Crafted by monks in India, carry this around your neck and tigers will run when they see you. Keep one if your child's lunchbox, tigers think children are tasty snacks after all.

***** I've been wearing the necklace for years and have not been attacked by a tiger.
***** Tested at zoo, Tiger ran and hid.

[StagLefty]

What I have here is a genuine stone of tiger protection. Crafted by monks in India, carry this around your neck and tigers will run when they see you. Keep one if your child's lunchbox, tigers think children are tasty snacks after all.

***** I've been wearing the necklace for years and have not been attacked by a tiger.
***** Tested at zoo, Tiger ran and hid.
You have a Chuck Norris kidney stone DAMN !!!!

[asmo]

Just wait until someone is charged with something 'bigger' and all of the new laws will be tacked on in normal prosecutorial fashion - throw everything at them, then negotiate down.

[merl]

Just wait until someone is charged with something 'bigger' and all of the new laws will be tacked on in normal prosecutorial fashion - throw everything at them, then negotiate down.


18-12-302. Large-capacity magazines prohibited - penalties -
exceptions.(1) (a) EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION,ON AND AFTER JULY 1, 2013,A PERSON WHO SELLS,TRANSFERS,OR POSSESSES A LARGE-CAPACITY MAGAZINE COMMITS A CLASS 2 MISDEMEANOR.
(b) ANY PERSON WHO VIOLATES SUBSECTION (1) OF THIS SECTION AFTER HAVING BEEN CONVICTED OF A PRIOR VIOLATION OF SAID SUBSECTION (1) COMMITS A CLASS 1 MISDEMEANOR.
(c) ANY PERSON WHO VIOLATES SUBSECTION (1) OF THIS SECTION COMMITS A CLASS 6 FELONY IF THE PERSON POSSESSED A LARGE-CAPACITY MAGAZINE DURING THE COMMISSION OF A FELONY OR ANY CRIME OF VIOLENCE,AS DEFINED IN SECTION 18-1.3-406.

That is what section (1.C) is for. I'd expect that is where this law will get applied first.
Re-reading that I'm surprised that 1.C only applies to new mags. Figured the tack on felony would skip the grandfathering.

[losttrail]

Does it surprise anyone that no one (that I've heard of) has been charged with either of the two firearms related laws that took effect 07/01/13? I figured some rank and file officer/deputy would try to ruin some schmuck's life and make an example of them by now. After seeing that no none was arrested during the public-magazine-pass-around a few months ago I feel like there may be some hope after all.

Just because there have not YET been any arrests, does not give me hope.

These laws are just the Leftists continuing march of incrementalism. These were not the first nor will they by any means, be the last legislation leading towards their goal of totally banning private firearms ownership.

It has happened before and is happening now right here in America.

http://blog.beliefnet.com/on_the_front_lines_of_the_culture_wars/2011/04/she-survived-hitler-and-wants-to-warn-america.html/

[Skip]

13-1224 is there to create a climate of fear and selectively ruin the lives of Conservative gun owners.

There may not be any prosecutions to date, but that doesn't mean the state wouldn't use the law to go after someone they didn't like. So I wouldn't go around advertising or admitting to anything. Nor would I document anything for them!

[SideShow Bob]

I look at Armslist almost daily (mainly out of boredom and for a laugh). It's crazy how many guns are posted claiming it will come with x number of >15 round mags. Either no one gives a shit, people have no idea, or http://dayofthejedi.com/wp-content/uploads/2011/03/27.jpg

15 round magazines are still legal, it is the above 15 round Capasity and readily modified to hold more than 15 rounds magazines that are what are now illegal........

Edit: didn't catch the > before the 15..........

[BPTactical]

What I want to know is how Cfortune found SideShowBobs sophomore yearbook picture.....

[SideShow Bob]

What I want to know is how Cfortune found SideShowBobs sophomore yearbook picture.....

Hey now, that was my freshman year photo, before the facial hair filled in...........

[Clint45]

It's like the Sword of Damocles . . . eventually, someone is going to get arrested, possibly as a result of an armslist sting, and some anti-gun DA taking money from Bloomberg will ask for "the maximum" to "make an example." Sure, it's only a misdemeanor . . . but it's also the potential of a year in jail and seizure of every firearm in your home upon conviction.

[Great-Kazoo]

It's like the Sword of Damocles . . . eventually, someone is going to get arrested, possibly as a result of an armslist sting, and some anti-gun DA taking money from Bloomberg will ask for "the maximum" to "make an example." Sure, it's only a misdemeanor . . . but it's also the potential of a year in jail and seizure of every firearm in your home upon conviction.

If they charge you with a class 1 misdemeanor.

[Waywardson174]

M1 - 18 months
M2 - 1 year

[Great-Kazoo]

M1 - 18 months
M2 - 1 year

Hey man where you been hiding [Beer] ;)

[merl]

M1 - 18 months
M2 - 1 year

http://www.law.cornell.edu/uscode/text/18/921

(20) The term “crime punishable by imprisonment for a term exceeding one year” does not include—
(A) any Federal or State offenses pertaining to antitrust violations, unfair trade practices, restraints of trade, or other similar offenses relating to the regulation of business practices, or
(B) any State offense classified by the laws of the State as a misdemeanor and punishable by a term of imprisonment of two years or less.


They define one year as two years for state offenses.

[Ronin13]

I get the feeling that these may become plea bargain laws- more serious weapons charges getting plead down to an M2 Illegal transfer of magazine. That's really the only way I can see these laws really being "used." A few of the Jeffco deputy DAs I know have already said "we have bigger things on our plate."

[jerrymrc]

Just like many things these will be add-on's to go with other things. Since this is a forum about AR's I am constantly amazed at how many have no clue about other laws once they venture out of the AR world.

How many have bought an SKS and then purchased a 20 rd mag for it? for most of them you just broke the law. The staff has flagged many sales because the gun was not 922r compliant and most of the sellers had no idea.

While I know of not a single person charged with it alone I have seen it added on to other charges.

[kidicarus13]

http://bearingarms.com/fort-collins-police-gun-thief-left-debit-card-behind/

Convicted felons stealing police rifles aren't even being charged with the new BGC law or transfer/pssession of >15rd magazines! These laws are a f'n joke.

[Hound]

Here is a thought: Any law that is on the books for more than TBD (10?) years without a succesfull prosecution is automatically taken off the books and must go through the full process to create a law to be put back on the books.

This way it will be legal to drive a black car in Denver on Sundays and the buggy wip laws will be gone along with the BGC and Mag laws. This would clean up a lot of WTF in our Gov.

[Ronin13]

Here is a thought: Any law that is on the books for more than TBD (10?) years without a succesfull prosecution is automatically taken off the books and must go through the full process to create a law to be put back on the books.
By God, that's the best idea I've heard all day. 10 Years is an awful long time, I'd say 5... maybe less. But careful, some (mostly dems) would claim that because there isn't any prosecution just means the law is working, people are following it.

[Squeeze]

Here's a concept, just operate under the radar and leave it at that. Loose lips sink ships.

[DeusExMachina]

http://www.thedenverchannel.com/news/local-news/possible-suspect-identified-in-hate-filled-swastika-obama-graffiti-case-in-denver06132014

Charged with the state magazine statute with the "while committing a crime" qualifier, charged with the marijuana and vandalism, and offered a plea deal for the magazine charges.

Curious it wasn't the Denver AWB.