Since our Fearful state Leader has declared a ?State of Emergency?
Does anybody know what under the covers laws and powers that can be enacted on and enforced concerning firearms & ammunition such as banning sales, transferring and/or confiscation from us lowly civilians ?
This topic is being discussed in a national forum that I am on, and have not seen anything concerning Colorado.
Lookup Habeas Corpus. I'm not a smartass, I just don't know enough to explain it all and I think that HC addresses your concern here.
Some states give the governor the power of the almighty, and some have spelled out limitations as far as firearms are concerned. I am just questioning what CO. says.
The Governor, under the "Emergency Powers" can ban the sale of alcohol and firearms.
There is also this:
State Quarantine and Isolation Statutes
https://www.ncsl.org/research/health/state-quarantine-and-isolation-statutes.aspx
Colorado Revised Statutes Title 25. Health ? 25-1-506. County or district public health agency
https://codes.findlaw.com/co/title-25-health/co-rev-st-sect-25-1-506.html
Richard
The Supreme law of the land the Constitution says no. But in theory they will try to get away with anything.
Our government is not limited by pieces of paper. It is limited by it's citizens.... and we don't effectively limit our government. There is no magic force that prevents the governor from doing anything he so pleases. The most you could expect to see is protracted litigation in our state courts before appointed judges that were all put in place by progressive governors, which would extend longer than the effect of any order rendering it moot anyway.
So, the truth is: No. There's no effective limitation of any kind, with a disclaimer to the OP: You won't see confiscation ordered, simply because enforcement is too complicated and risky, it is effectively limited. You'll never see it in your lifetime, they ban with grandfathering for that reason.
But transfers, etc, during a "crisis", sure, nothing stands in the way. That doesn't mean anything is imminent.
From https://www.law.cornell.edu/uscode/text/42/5207
Quote:
42 U.S. Code ? 5207. Firearms policies
(a) Prohibition on confiscation of firearmsNo officer or employee of the United States (including any member of the uniformed services), or person operating pursuant to or under color of Federal law, or receiving Federal funds, or under control of any Federal official, or providing services to such an officer, employee, or other person, while acting in support of relief from a major disaster or emergency, may?
(1) temporarily or permanently seize, or authorize seizure of, any firearm the possession of which is not prohibited under Federal, State, or local law, other than for forfeiture in compliance with Federal law or as evidence in a criminal investigation;
(2) require registration of any firearm for which registration is not required by Federal, State, or local law;
(3) prohibit possession of any firearm, or promulgate any rule, regulation, or order prohibiting possession of any firearm, in any place or by any person where such possession is not otherwise prohibited by Federal, State, or local law; or
(4) prohibit the carrying of firearms by any person otherwise authorized to carry firearms under Federal, State, or local law, solely because such person is operating under the direction, control, or supervision of a Federal agency in support of relief from the major disaster or emergency.
That statute has nothing to do with thread, applies to Federal agents.
This thread is f'ing silly. We have important things to worry about today.
Reality: Much like arguing with a cop over a speeding ticket, if the Governor decides to overstep his authority, it'll get sorted out later in court. Maybe.
Either in court or when the population shows up with torches and pitchforks.