Dems want Colorado Red Flag Law

Quote:

---

Originally Posted by Eric P

So if your guns are in a trust, would they need to be surrendered?

Possible loophole we should all use to defy silly laws?

---

Interesting workaround... look fwd to reading a "not legal advice" answer.

-----

All you folks who mess with / troll NextDoor... might want to stop trolling.

Quote:

---

Originally Posted by Eric P

So if your guns are in a trust, would they need to be surrendered?

Possible loophole we should all use to defy silly laws?

---

No, that wouldn't work for the reasons Foxtrot stated above: "Constructive possession." IOW it would be no different than if you said "I don't own these, they all belong to my wife." If you live in the house and you have unfettered access to them then it's the same as if they're yours.

Now, if the cops show up and you don't have any guns in your home, they are stored elsewhere, I'm not sure what they could do. They could compel you to surrender your guns under threat of prosecution, perhaps.

A warrant from a judge generally allows the police to do whatever is necessary to execute the warrant. I'm just guessing here but the warrant would probably read something like "The sheriff or his designated appointee is authorized to go to Joe Respondent's house at 123 Fake Street in Springfield and remove all firearms pursuant to CRS xx-xx-xxxx.x" That gives them the authority to go into YOUR house.

But it would be an interesting case if, for example, you told the cops that all your guns were at your brother Jim's house. Could they seize them without a warrant from the judge specifically authorizing them to go into Jim's house to do it? And what if Jim lives in a different jurisdiction? Is the warrant state-wide?

Better yet, what if Jim lives in a county with a pro-gun sheriff (yes they exist) and that sheriff orders his deputies not to enforce the order?

Here's another: What if a judge signs the order and the Sheriff says "I'm not going to enforce that?" I suppose the judge could hold the sheriff in contempt but how is he going to arrest him?

(I'm thinking of that memorable scene in the movie "Tombstone": Right after the gunfight at the OK corral when Sheriff Behan belatedly approaches the Earp party and says "Your'e all under arrest!" and Kurt Russel's Wyatt Earp replies "No, Sheriff, I don't think I'm going to let you arrest me today." and walks off.)

Lots of problems with this proposed law....

https://youtu.be/7hmoKPz-eQ0

https://www.youtube.com/watch?v=7hmoKPz-eQ0

Quote:

---

Originally Posted by foxtrot

It might be very wise for people with any risk (related to manipulative family members, ex spouses, in laws, dating partners, roommates, etc.) to go away from the large family safe in the garage, and instead think of security through strict obscurity. You also might want to consider owning only a single firearm, your carry piece.

---

This ^

If you haven't had this in mind you're at least ten years behind. Even if this law does not pass, it should still be taken into consideration ASAP.

Quote:

---

Originally Posted by CoGirl303

this crap scares me with the last whacko landlord/roommate I had.

bf/gf, gf/gf, bf/bf, brothers, sisters, parents, etc...just way too much room for abuse and wrongdoing.


Sent from my iPhone using Tapatalk

---

It allows LEOs to also come to the court. So someone that you aren't even related to you drops in to talk to the local PD, hell, sends a tweet, and viola- the process is started.

Quote:

---

Originally Posted by Doc45

Heard Tony Spurlock, DCSO Sheriff, earlier today on the radio saying how he’s a big 2A guy, owns lots of guns and thinks this bill is a good idea. Great, thanks for nothing.

---

I lived in Douglas Country when Tony was "elected". What a mess that county is!

We all knew Tony wasn't the 2A supporter he claimed to be. That he likes this bill is more evidence.

Until a friend alerted me to this (this morning) I knew nothing about it. I'm caught-up on this discussion ... I think.

Maybe I missed it, but what organization is actively opposing this ERPO [fertilizer] and how do we support them?