View Full Version : House Considering "Deny-On-Arrest" Legislation
SA Friday
04-10-2010, 20:11
COLORADO: House Considering "Deny-On-Arrest" Legislation (http://www.ilaalerts.org/UM/T.asp?A1.2.6216.25.2741837) As the sunset period for the "Deny-On-Arrest" legislation approaches, the Colorado House of Representatives is getting ready to hear a bill that would make this archaic law permanent. House Bill 1391 would deny gun purchases to those with an arrest on their record, even if they were never convicted. This deny-on-arrest provision would remove a constitutional right to own a firearm based on an arrest (an accusation), NOT a conviction. Please call members of the committee and respectfully urge ask them to vote against HB 1391 and this unconstitutional attack on the Second Amendment rights of Colorado citizens. Contact information can be found here (http://www.ilaalerts.org/UM/T.asp?A1.2.6216.25.2741837).
Got this in an NRA email today. This is garbage legislation by politicians who have no clue about the basic fundamentals of our legal system. [Bang]
Bump out of self interest, however it says the law is already in effect but I have not been denied based on my record (small stupid mistakes in my youth but a record nevertheless) so is it just not being enforced or only applies to felonies or what?
SA Friday
04-10-2010, 20:29
Bump out of self interest, however it says the law is already in effect but I have not been denied based on my record (small stupid mistakes in my youth but a record nevertheless) so is it just not being enforced or only applies to felonies or what?
If you were a minor, it won't show up as the records are sealed and it takes a court order to re-open them. It's a bitch to get into juvi records even with cause.
If you were a minor, it won't show up as the records are sealed and it takes a court order to re-open them. It's a bitch to get into juvi records even with cause.
CBI can do it at their whim. I know because I had to get a record expunged before they would go ahead with a background check.
Great, so now I have to start to try not to get arrested?
I got a DUI when I was 21yrs old. I'll go and turn my guns in tomorrow.[ROFL1]
theGinsue
04-10-2010, 23:13
Great, so now I have to start to try not to get arrested?
Just don't stand in your front yard with a baton and a root beer. Apparently that had a higher than expected chance of getting you arrested.
theGinsue
04-10-2010, 23:13
I got a DUI when I was 21yrs old. I'll go and turn my guns in tomorrow.[ROFL1]
You can just give 'em all to me - I'll be sure that they get turned in appropriately.![Coffee]
If you were a minor, it won't show up as the records are sealed and it takes a court order to re-open them. It's a bitch to get into juvi records even with cause.
I don't think that's true because they have listed everything on my record out to me when I got denied before (some asshat stole my identity and committed a felony in my name) and my minor offenses were shown.
GreenScoutII
04-11-2010, 09:44
Yeah, innocent until proven guilty is out the window with this one. I'm curious if it applies to all felony arrests or just armed/violent type offenses. Doesn't really matter though. Rights are being denied without due process of law.
This is a HORRIBLE law. To those who say 'just don't get arrested and it's not a problem' as if only criminals get arrested... that's not always the case. My mother, who lives alone and is in her 50's, attemtped to buy a firearm a while back for self protection and was denied. I don't even know if the lady has a speeding ticket in the last few decades for goodness sake. We went down to get her a nice little Glock and when the background came back denied I thought it was a joke from the local shop workers since they know me pretty well. Come to find out she was arrested when she was 19 years old in the 70's in Nebraska for something stupid and was never even charged with anything. She appealed it and took all the steps requested including obtaining a copy of the arrest record from Nebraska to send in and still nothing. I wasn't sure why until I read that this law even existed. Now it makes complete sense and I can't believe something like this even exists. Seriously? It's an arrest, not a conviction or even a charge for that matter. Unbelievable and I can't even imagine the dialog that occurred to convince enough people this was a good idea when it was originally passed.
'We're going to punish people before they're even charged... that's what this country is all about!'
What a load of crap! [Bang] [Rant1] [M2]
Ak47Ar15Glock26
04-11-2010, 13:25
not good.
funkfool
04-11-2010, 13:57
'We're going to punish people before they're even charged... that's what this country is all about!'
What a load of crap! [Bang] [Rant1] [M2]
+3.95 googolplex (http://en.wikipedia.org/wiki/Googolplex)
Call and contact the people representing us and tell them to let this law die. We can't depend on judges to throw it out based on constitutional merit. So it falls to us to make at least one phone call a week until this law dies. They can arrest you for anything BTW its the conviction that holds water.
Birddog1911
04-11-2010, 15:45
I'll definately be on the phone on Monday. I can't believe this BS. Makes me wonder; I was arrested in '94, but the DA never filed charges (Texas). I've bought a whole load of guns here without a problem, so I wonder if everything was dropped. But I'll be damned if I want this to prevent me in the future.
I wanted to make it clear that my comment about trying not to get arrested was factitious. This is a terrible law and I am in full agreement with Jer.
I'll call tomorrow and send an email to them all as well.
load of bullshit...but my standards for elected officials have fallen so low this isn't a big surprise to me.
Bitter Clinger
04-12-2010, 11:40
Oh crap......im toast then. I have no issues at buying guns at retail stores now. But i was arrested a few (5?) years back, on a non alcohol/drug/violent traffic charge. It was later pleaded down to driving a defective vehicle, but still........
just got this in my email only one out of idk how many sent me a comment back we see if he or she does keep this in mind!
Thanks for sending your comments. I will keep them in mind as we consider this bill. Rep. McCann
On Sun, Apr 11, 2010 at 10:24 AM, wrote:
I urge you to vote against this bill as it is unconstitutional to the second amendment rights of the people in Colorado! if i am correct you are innocent until proven guilty?
thank you, Jon
--
Beth McCann
Colorado State Representative
House District 8
beth@bethmccann.org (beth@bethmccann.org)
(303) 866-2959
Gee, I wonder what happened to our Constitutional rights?
MichiganMilitia
04-12-2010, 21:00
Gee, I wonder what happened to our Constitutional rights?
Your constitutional what??? I've never heard of such a thing. [Bang]
I'm surprised that this law hasn't been overturned. It seems like someone would challenge it based on the state denying your right to bear arms for an arrest with no conviction.
When I applied for my C&R license the BATFE found a battery charge on my record when I was a minor. I was aquited of the charge but the courts screwed up and didn't issue a "resolution of charges" or something like that. So I had to go to the clerks office and mail it to the BATFE to get my license.
House Judiciary04/12/2010http://www.leg.state.co.us/icons/ecblank.gif. .http://www.leg.state.co.us/icons/ecblank.gifHB10-1391 (http://www.leg.state.co.us/CLICS/CLICS2010A/commsumm.nsf/IndSumm/96B75043D09EBB1D87257703007F2E6A) FINAL VOTE - Refer House Bill 10-1391 to the Committee of the Whole with a favorable recommendation. Members of the committee continued to comment about the bill. The motion passed on a vote of 6-5.
So does this mean that the stupid law is still in place?
So does this mean that the stupid law is still in place?
...Permanently [Bang]
How does a bill pass when it goes to committee? Isn't that where laws go to die?
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