Colorado Man Charged for Standard Capacity Magazine

Discussion in 'General Gun Discussions' started by Rio Laxas, Nov 2, 2015.

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  1. Rio Laxas

    Rio Laxas Member

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    Another article with more detail: http://www.coloradoan.com/story/news/2015/11/01/first-large-capacity-magazine-charge-filed-larimer/74887236/

    More details on the arrest: http://www.coloradoan.com/story/news/2015/10/27/man-arrested-allegedly-threatening-front-range-cc/74692168/

    So much for the law not being enforced.

    Edited to add: Apparently he was a convicted felon already and was charged with illegal possession of a firearm.
     
    Last edited: Nov 2, 2015
  2. Gottahaveone

    Gottahaveone Member

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    Well, given recent history, and the threats he allegedly made, I find it no surprise that the put that charge on him. In spite of state law, they would probably have charged him with federal charges for marijuana if they had found weed in his car too.......
     
  3. ClickClickD'oh

    ClickClickD'oh Member

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    I'm just going to go out on a limb here and say... This guy might not be the post child we want for fighting against this law.. Probably best to let this one go by without much comment.
     
  4. X-Rap

    X-Rap Member

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    I think you will see it done as an enhancement of charges. Pretty hard to resist piling up charges, especially in the case of mass shooting threats.
    I'm betting that you will see it added to many offenses in the future, even in gun friendly jurisdictions.
     
  5. Salmoneye

    Salmoneye Member

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    From the article linked in the OP:

    I agree...

    Let this one go by...
     
  6. morcey2

    morcey2 Member

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    An unfortunate (or fortunate, depending on the perspective) state of affairs is that many test cases for bad laws aren't good guys that accidentally violate the law, but bad guys that violate a bad law (10-round mag limit law) while in the process of violating other not-so-bad laws (making terroristic threats). He may not be the poster child we want, but his case may be useful in getting this overturned.

    Matt
     
  7. Turftech1

    Turftech1 Member

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    This is a really hard one, because it sounds like he probably shouldn't be armed at all. The danger is that if he is convicted for possession of a "high capacity" magazine, and sentenced, then that sets a precedent, which can be cited and used when it's just a regular, no intent to kill anybody, law abiding citizen who gets charged.

    Probably best if the DA is pressured into pursuing other charges, or a plea agreement where he loses his guns and receives mental care.
     
  8. Rio Laxas

    Rio Laxas Member

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    I don't disagree with you at all. Apparently he was already a convicted felon. This guy probably deserves what is coming to him.

    Nonetheless, it useful to know that this law will be selectively enforced even in areas where the sheriff is opposed to it.


     
    Last edited: Nov 2, 2015
  9. old lady new shooter

    old lady new shooter Member

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    He was released with an ankle monitor? Maybe the LE folks here can explain how this works, does it have an internal GPS that someone has to monitor all the time to see where he goes? Or would he be ordered to be confined to his house and it just alerts authorities if he leaves? Then what?
     
  10. old lady new shooter

    old lady new shooter Member

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    The one ray of sunshine in this story is that his psychologist reported him for the threats, enabling authorities to stop him before he carried them out.
     
  11. MErl

    MErl Member

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    If you cannot trust your shrink who can you trust... Who says the threats were real and are they even threats when discussed in a clinical setting? (Article behind paywall for me)
     
  12. CoalTrain49

    CoalTrain49 Member

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    The prosecutor will tack on as many charges as he can. SOP. Then the plea bargaining starts. No plea, no slack. That's the way it works. He's going to jail, just a matter of how long.
     
  13. newfalguy101

    newfalguy101 Member

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    the flip side of that would be:

    An individual seeks counseling for a mild case of depression, what my grandma used to say she was "feeling blue" and the phycologist ( who just happens to be anti-gun ) contacts the local authorities about a depressed person having firearms....

    I wasn't able to read the entire article, was the guy in court ordered counseling??
     
  14. CoalTrain49

    CoalTrain49 Member

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    In some states the doctor has to report it by state law.

    This guy doesn't appear to be the sharpest tool in the shed.
     
  15. old lady new shooter

    old lady new shooter Member

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    He didn't say he was "feeling blue", he made specific threats: "he was making threats about shooting a security guard and burning down a building at Front Range Community College if administrators didn't re-enroll him"
     
  16. Sunray

    Sunray Member

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    Got a loonie off the streets. Sometimes a bad law can work for you.
     
  17. usmarine0352_2005

    usmarine0352_2005 Member

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    Problem with this guy is he'll most likely be rightfully convicted and appeal his case and he's a horrible client and he's the test case that will make it to SCOTUS over magazine size limits and we'll lose.
     
  18. old lady new shooter

    old lady new shooter Member

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    I didn't get the impression that the magazine limits are really the charge, more of an add-on. As a convicted felon he was anyway prohibited from even owning a gun.
     
  19. Robert

    Robert Administrator Staff Member

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    That is just it. No law abiding person has been charged or even looked at sideways due to this stupid law, that I know of. This guy was making threats and this was simply tacked on as yet another charge to give the DA room to negotiate a plea deal and avoid trial.

    This is not an assault on law abiding citizens, at this time. But the law is still on the books and our state LEOs will not always be so right minded on the application of this law.
     
  20. MagnunJoe

    MagnunJoe Member

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    In 10 years we will have 30 states with laws against any magazine that hold more than 10 rounds. Sign of the times. We will also have 30 states with UBC.
     
  21. newfalguy101

    newfalguy101 Member

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    Interestingly enough, it appears as if the "threat" wasn't deemed credible enough by the prosecutor to charge him...... at least not yet

    All I saw was felon in possession, "educational interference", drugs w/o a script, and a scary Hi-cap mag. The article also referred to "indirect threats"..............

    As mentioned above, who is to say the guy wasn't having a lousy week and just shot off his mouth................and who hasn't ever done that?? Last I knew, the DR-client privelage thing was pretty important
     
  22. Turftech1

    Turftech1 Member

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    If you are a convicted felon, with firearms in your car, and you are thinking about shooting the security guard at your school and lighting fires, and you think you can tell your shrink about it, and nothing will happen. Then you probably have some real mental problems.
     
  23. old lady new shooter

    old lady new shooter Member

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    Apparently he caused enough of a disturbance at the school that they sent him to a "counselor". The only type of "counselor" who would be a physician would be a psychiatrist. I think if they had sent him to a psychiatrist the article would have said "psychiatrist" rather than "counselor".
     
  24. Ironicaintit

    Ironicaintit Member

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    The magazines arent even at issue...not sure why the first article pointed to that.
    He wasnt trying to transfer magazines over the 15 round limit: he was a felon in possession of firearms!
    That he made the threats and called attention to himself, may have been a good thing.
     
  25. hso

    hso Moderator Staff Member

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    There's no defending this guy. The counselor met with him on behalf of the college and this moron made the threats against the college. He's a felon in possession of firearms, he made threats to a college representative not his own therapist, it triggered an investigation and search and he got busted for everything they found (which included the magazines). The prosecutor is going to pile every individual count on them they can.
     
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