May 9, 2014

Law-abiding citizen battles police for return of weapon

The radical Colorado gun restrictions that were put into place a year ago – following lobbying from the White House – remain under challenge in court.

But in real life, their application is causing major issues.

For example, a legal handgun belonging to a woman who was in a car crash was taken into custody by police as she was taken to the hospital.

Officers now say there’s no legal way for them to return it to her, even though she’s permitted to carry it. Even though it belongs to her. Even though police don’t really even want it.

The stunning development was reported by the Loveland Reporter-Herald, which noted that Jim Szakmeister, a deputy police chief in Fort Collins, said the city and district attorneys advised the gun could not be transferred back to the owner without a Federal Firearms License check. No one is qualified to do that from the police agency, the paper said.

It was during the 2013 legislative session in Colorado that majority Democrats adopted a long list of gun rules, restrictions and regulations.

Sheriffs around the state almost immediately sued, saying the laws were unenforceable. They argued the limits on transferring weapons would make it illegal for someone at a shooting range to hand a gun to an instructor to check and make it illegal for a shooter to take a gun component from another person for repair.

Colorado officials admitted they were doing the bidding of the White House. In February, Vice President Joe Biden flew to the state to strong-arm Democratic lawmakers who were feeling pressure from their constituents to vote against the bills.

“He (Biden) said it would send a strong message to the rest of the country that a Western state had passed gun-control bills,” Tony Exhum, a Democratic lawmaker from Colorado Springs, told the Denver Post.

House Majority Leader Mark Ferrandino, an open homosexual who also pursued a “civil unions” agenda even though the state Constitution forbids same-sex marriage, admitted the gun-control bills introduced by fellow Democrats had national implications.

“I was shocked that he called. He said he thought the bills could help them on a national level,” Ferrandino said.

As WND previously reported, the case against the state over its gun rules listed 54 of the state’s 64 sheriffs as plaintiffs.

Weld County Sheriff John Cooke had said: “Some in the media … asked me if I think it’s a good idea or if it’s appropriate for [a] government official to sue another government official. My response is unequivocally yes. It is our duty and responsibility as sheriffs to protect the people who elected us and whom we serve.”

The legal wording that grandfathers existing magazines holding more than 15 rounds apparently applies only as long as the holder “maintains continuous possession” of it. Cooke and other sheriffs have pointed out that based on the wording of the law, anyone who gives his magazine to a gunsmith for repair or asks for help on a shooting range with a jammed magazine is now violating the law.

That’s the crux of the issue in the Fort Collins dispute.

The Herald reported Sara Warren, who works as a maid and carries a Ruger compact SR9 handgun for protection as she enters the homes of strangers, was in an auto accident March 28.

She went to the hospital. Her weapon was turned over to Fort Collins Police Services, where it stays.

Authorities say the law requires a background check on her before it can be returned, and there’s no procedure.

“I’m told there are other people in this situation,” Sheriff Justin Smith said. “It’s terrible when a law-abiding citizen gets caught up in something like this and it causes them to lose faith in their government.”

Szakmeister said opinions from the city attorney and district attorney agreed – the firearm could not be “transferred” without an FFL check.

“I’m a lawful citizen. I use my gun legally. I need my gun … this is ridiculous,” Warren told the newspaper.

“There are people out there who can’t get their guns back. They haven’t done anything wrong.”

Authorities said they were trying to set up a meeting time with an FFL so that the necessary background checks could be done to return guns to owners who already had been cleared.

Smith told the newspaper the law technically states that if a gun is seized by an officer as evidence, an FFL background check is required on the officer, who would take “transfer” of the gun, as well as the evidence custodian, to whom the weapon also would be “transferred.”

“As written, it is simply not workable,” Smith said.

A recent poll showed public support for the Democrat agenda plunging, with 56 percent opposing and only 39 percent supporting the gun laws.

Listen to the WND/Radio America interview with Weld County Sheriff John Cooke below:

The issue also prompted the voter recall of two Democrats who supported the gun laws. They were replaced by Republicans. And a third Democrat legislator, state Sen. Evie Hudak, D-Westminster, hurriedly resigned as she was facing a recall because that allowed the Democrat Party to name her replacement, and maintained an 18-17 advantage in the chamber. A successful recall against Hudak would have shifted the majority to the Republican Party.

Senate President John Morse and Sen. Angela Giron earlier were thrown out of office over their support for the gun laws.

WND also reported when Hudak was following the White House line on gun control and sparked controversy with her comments.

In a legislative hearing, she scolded a witness opposing a gun restriction.

Amanda Collins, 27, of Reno, Nev., told her story of being assaulted and explained that had she been carrying a concealed weapon, the incident might have ended differently.

Hudak told Collins: “I just want to say that, actually statistics are not on your side even if you had a gun. And, chances are that if you would have had a gun, then he would have been able to get that from you and possibly use it against you.”

Hudak continued, speaking over the committee witness, and said woman often are killed when they use a weapon in self-defense.

Finally able to resume her testimony, Collins said: “Senator, you weren’t there. I know without a doubt [the outcome would have been different with a gun].

“He already had a weapon,” she told the meeting of the Senate State, Veterans and Military Affairs Committee. “He didn’t need mine.”

VIEW VIDEOS

http://www.wnd.com/2014/05/have-car-crash-lose-legal-handgun/print/