Colorado - New domestic violence gun law hits roadblock

[martymcfly]

Oops. bit of a damn if you do, damned if you don't possibility here.

http://www.9news.com/news/article/364460/188/New-domestic-violence-gun-law-hits-roadblock

people who are required by law to turn in their guns sometimes can't because no one will accept them. Sheriffs and people against this law said this would happen and sure enough.

 

[lpsharp88]

So what if someone tried to turn in their firearms and ammo, but the LE agency wouldn't take it, and are later arrested for possession? I mean, they could document when they tried to comply, but would that really help them at all?
Also, could the LE agency refuse to accept, and then turn right around and arrest the person for possession?

 

[SharpsDressedMan]

Why wouldn't anyone have a relative, or friend take temporary possession of the guns if pending legal or criminal action was probable?

 

[waterhouse]

Per the article (I haven't read the law) the guns must be turned in to law enforcement or an authorized dealer. Also, according to te article, the law states that law enforcement doesn't have to accept the guns. Strange law, it seems.

 

[flphotog]

I may have misread this but it seems that the guns have to be turned in even prior to conviction.

"According to the Montrose Daily Press, suspects who are cleared of the offenses can get their guns "

This seems to go a bit far. I would think that a conviction would be required prior to confiscation.

 

[rondog]

I don't recall hearing of any "new" domestic violence gun law.....

 

[MErl]

this bill, SB 13 197 titled "No Firearms For Domestic Violence Offenders"

SECTION 3.In Colorado Revised Statutes, 13-14-102, add(22) as
follows:
13-14-102. Civil protection orders - legislative declaration.
(22) (a) WHEN THE COURT SUBJECTS A PERSON TO A CIVIL PROTECTION ORDER TO PREVENT DOMESTIC ABUSE,WHICH PROTECTION ORDER QUALIFIES AS AN ORDER DESCRIBED IN 18 U.S.C.SEC. 922 (d) (8)AND(g) (8),THE COURT,AS PART OF SUCH ORDER:

(I) SHALL ORDER THE PERSON TO:

(A) REFRAIN FROM POSSESSING OR PURCHASING ANY FIREARM OR AMMUNITION FOR THE DURATION OF THE ORDER;AND
(B) RELINQUISH,FOR THE DURATION OF THE ORDER,ANY FIREARM OR AMMUNITION IN THE RESPONDENT'S IMMEDIATE POSSESSION OR CONTROL OR SUBJECT TO THE RESPONDENT'S IMMEDIATE POSSESSION OR CONTROL; AND​

(II) MAY REQUIRE THAT BEFORE THE PERSON IS RELEASED FROM CUSTODY ON BOND,THE PERSON SHALL RELINQUISH,FOR THE DURATION OF THE ORDER,ANY FIREARM OR AMMUNITION IN THE PERSON'S IMMEDIATE POSSESSION OR CONTROL OR SUBJECT TO THE PERSON'S IMMEDIATE POSSESSION OR CONTROL.​

(b)

(I) EXCEPT AS DESCRIBED IN SUBPARAGRAPH (II)OF THIS PARAGRAPH(b), UPON ISSUANCE OF AN ORDER PURSUANT TO PARAGRAPH(a) OF THIS SUBSECTION (22),THE RESPONDENT SHALL RELINQUISH ANY FIREARM OR AMMUNITION:

(A) NOT MORE THAN TWENTY-FOUR HOURS AFTER BEING SERVED WITH THE ORDER IN OPEN COURT;OR
(B) NOT MORE THAN FORTY-EIGHT HOURS AFTER BEING SERVED WITH THE ORDER OUTSIDE OF THE COURT.
​

(II) ACOURT MAY ALLOW A RESPONDENT UP TO SEVENTY-TWO HOURS TO RELINQUISH A FIREARM OR UP TO FIVE DAYS TO RELINQUISH AMMUNITION PURSUANT TO SUBPARAGRAPH (I)OF THIS PARAGRAPH(b) IF THE RESPONDENT DEMONSTRATES TO THE SATISFACTION OF THE COURT THAT HE OR SHE IS UNABLE TO COMPLY WITHIN THE TIME FRAME SET FORTH IN SAID SUBPARAGRAPH (I).
(III) TO SATISFY THE REQUIREMENT IN SUBPARAGRAPH (I)OF THIS PARAGRAPH(b), THE RESPONDENT MAY:

(A) SELL OR TRANSFER POSSESSION OF THE FIREARM OR AMMUNITION TO A FEDERALLY LICENSED FIREARMS DEALER DESCRIBED IN 18 U.S.C.SEC. 923,AS AMENDED;EXCEPT THAT THIS PROVISION SHALL NOT BE INTERPRETED TO REQUIRE ANY FEDERALLY LICENSED FIREARMS DEALER TO PURCHASE OR ACCEPT POSSESSION OF ANY FIREARM OR AMMUNITION;
(B) ARRANGE FOR THE STORAGE OF THE FIREARM OR AMMUNITION BY A LAW ENFORCEMENT AGENCY;EXCEPT THAT THIS PROVISION SHALL NOT BE INTERPRETED TO REQUIRE ANY LAW ENFORCEMENT AGENCY TO PROVIDE STORAGE OF FIREARMS OR AMMUNITION FOR ANY PERSON;OR
(C) SELL OR OTHERWISE TRANSFER THE FIREARM OR AMMUNITION TO A PRIVATE PARTY WHO MAY LEGALLY POSSESS THE FIREARM OR AMMUNITION;EXCEPT THAT A PERSON WHO SELLS OR TRANSFERS A FIREARM PURSUANT TO THIS SUB-SUBPARAGRAPH (C)SHALL SATISFY ALL OF THE PROVISIONS OF SECTION 18-12-112, C.R.S.,CONCERNING PRIVATE FIREARMS TRANSFERS,INCLUDING BUT NOT LIMITED TO THE PERFORMANCE OF A CRIMINAL BACKGROUND CHECK OF THE TRANSFEREE.
​

(c) IF A RESPONDENT IS UNABLE TO SATISFY THE PROVISIONS OF PARAGRAPH(b) OF THIS SUBSECTION (22)BECAUSE HE OR SHE IS INCARCERATED OR OTHERWISE HELD IN THE CUSTODY OF A LAW ENFORCEMENT AGENCY,THE COURT SHALL REQUIRE THE RESPONDENT TO SATISFY SUCH PROVISIONS NOT MORE THAN TWENTY-FOUR HOURS AFTER HIS OR HER RELEASE FROM INCARCERATION OR CUSTODY OR BE HELD IN CONTEMPT OF COURT. NOTWITHSTANDING ANY PROVISION OF THIS PARAGRAPH(c), THE COURT MAY,IN ITS DISCRETION,REQUIRE THE RESPONDENT TO RELINQUISH ANY FIREARM OR AMMUNITION IN THE RESPONDENT'S IMMEDIATE POSSESSION OR CONTROL OR SUBJECT TO THE RESPONDENT'S IMMEDIATE POSSESSION OR CONTROL BEFORE THE END OF THE RESPONDENT'S INCARCERATION. IN SUCH A CASE,A RESPONDENT'S FAILURE TO RELINQUISH A FIREARM OR AMMUNITION AS REQUIRED SHALL CONSTITUTE CONTEMPT OF COURT.
(d) A FEDERALLY LICENSED FIREARMS DEALER WHO TAKES POSSESSION OF A FIREARM OR AMMUNITION PURSUANT TO THIS SECTION SHALL ISSUE A RECEIPT TO THE RESPONDENT AT THE TIME OF RELINQUISHMENT. THE FEDERALLY LICENSED FIREARMS DEALER SHALL NOT RETURN THE FIREARM OR AMMUNITION TO THE RESPONDENT UNLESS THE DEALER:

(I) CONTACTS THE BUREAU TO REQUEST THAT A BACKGROUND CHECK OF THE RESPONDENT BE PERFORMED;AND
(II) OBTAINS APPROVAL OF THE TRANSFER FROM THE BUREAU AFTER THE PERFORMANCE OF THE BACKGROUND CHECK.
​

(e) A LOCAL LAW ENFORCEMENT AGENCY MAY ELECT TO STORE FIREARMS OR AMMUNITION FOR PERSONS PURSUANT TO THIS SUBSECTION (22). IF AN AGENCY SO ELECTS:

(I) THE AGENCY MAY CHARGE A FEE FOR SUCH STORAGE,THE AMOUNT OF WHICH SHALL NOT EXCEED THE DIRECT AND INDIRECT COSTS INCURRED BY THE AGENCY IN PROVIDING SUCH STORAGE;
(II) THE AGENCY MAY ESTABLISH POLICIES FOR DISPOSAL OF ABANDONED OR STOLEN FIREARMS OR AMMUNITION;AND
(III) THE AGENCY SHALL ISSUE A RECEIPT TO EACH RESPONDENT AT THE TIME THE RESPONDENT RELINQUISHES POSSESSION OF A FIREARM OR AMMUNITION.
​

(f) IF A LOCAL LAW ENFORCEMENT AGENCY ELECTS TO STORE FIREARMS OR AMMUNITION FOR PERSONS PURSUANT TO THIS SUBSECTION (22),THE LAW ENFORCEMENT AGENCY SHALL NOT RETURN THE FIREARM OR AMMUNITION TO THE RESPONDENT UNLESS THE AGENCY:

(I) CONTACTS THE BUREAU TO REQUEST THAT A BACKGROUND CHECK OF THE RESPONDENT BE PERFORMED;AND
(II) OBTAINS APPROVAL OF THE TRANSFER FROM THE BUREAU AFTER THE PERFORMANCE OF THE BACKGROUND CHECK.
​

(g) (I) A LAW ENFORCEMENT AGENCY THAT ELECTS TO STORE A FIREARM OR AMMUNITION FOR A PERSON PURSUANT TO THIS SUBSECTION (22)MAY ELECT TO CEASE STORING THE FIREARM OR AMMUNITION. A LAW ENFORCEMENT AGENCY THAT ELECTS TO CEASE STORING A FIREARM OR AMMUNITION FOR A PERSON SHALL NOTIFY THE PERSON OF SUCH DECISION AND REQUEST THAT THE PERSON IMMEDIATELY MAKE ARRANGEMENTS FOR THE TRANSFER OF THE POSSESSION OF THE FIREARM OR AMMUNITION TO THE PERSON OR,IF THE PERSON IS PROHIBITED FROM POSSESSING A FIREARM,TO ANOTHER PERSON WHO IS LEGALLY PERMITTED TO POSSESS A FIREARM.

(II) IF A LAW ENFORCEMENT AGENCY ELECTS TO CEASE STORING A FIREARM OR AMMUNITION FOR A PERSON AND NOTIFIES THE PERSON AS DESCRIBED IN SUBPARAGRAPH (I)OF THIS PARAGRAPH(g), THE LAW ENFORCEMENT AGENCY MAY DISPOSE OF THE FIREARM OR AMMUNITION IF THE PERSON FAILS TO MAKE ARRANGEMENTS FOR THE TRANSFER OF THE FIREARM OR AMMUNITION AND COMPLETE SAID TRANSFER WITHIN NINETY DAYS OF RECEIVING SUCH NOTIFICATION.
​

(h) IF A RESPONDENT SELLS OR OTHERWISE TRANSFERS A FIREARM OR AMMUNITION TO A PRIVATE PARTY WHO MAY LEGALLY POSSESS THE FIREARM OR AMMUNITION,AS DESCRIBED IN SUB-SUBPARAGRAPH (C)OF SUBPARAGRAPH (III)OF PARAGRAPH(b) OF THIS SUBSECTION (22),THE RESPONDENT SHALL ACQUIRE:

(I) FROM THE TRANSFEREE,A WRITTEN RECEIPT ACKNOWLEDGING THE TRANSFER,WHICH RECEIPT SHALL BE DATED AND SIGNED BY THE RESPONDENT AND THE TRANSFEREE;AND
(II) FROM THE LICENSED GUN DEALER WHO REQUESTS FROM THE BUREAU A BACKGROUND CHECK OF THE TRANSFEREE,AS DESCRIBED IN SECTION 18-12-112, C.R.S.,A WRITTEN STATEMENT OF THE RESULTS OF THE BACKGROUND CHECK.​

(i)

(I) NOT MORE THAN THREE BUSINESS DAYS AFTER THE RELINQUISHMENT,THE RESPONDENT SHALL FILE A COPY OF THE RECEIPT ISSUED PURSUANT TO PARAGRAPH(d), (e), OR(h) OF THIS SUBSECTION (22), AND,IF APPLICABLE,THE WRITTEN STATEMENT OF THE RESULTS OF A BACKGROUND CHECK PERFORMED ON THE RESPONDENT,AS DESCRIBED IN SUBPARAGRAPH (II)OF PARAGRAPH(h) OF THIS SUBSECTION (22),WITH THE COURT AS PROOF OF THE RELINQUISHMENT. IF A RESPONDENT FAILS TO TIMELY FILE A RECEIPT OR WRITTEN STATEMENT AS DESCRIBED IN THIS PARAGRAPH(i):

(A) THE FAILURE CONSTITUTES A VIOLATION OF THE PROTECTION ORDER PURSUANT TO SECTION 18-6-803.5 (1) (c), C.R.S.;AND
(B) THE COURT SHALL ISSUE A WARRANT FOR THE RESPONDENT'S ARREST.
​

(II) IN ANY SUBSEQUENT PROSECUTION FOR A VIOLATION OF A PROTECTION ORDER DESCRIBED IN THIS PARAGRAPH(i), THE COURT SHALL TAKE JUDICIAL NOTICE OF THE DEFENDANT'S FAILURE TO FILE A RECEIPT OR WRITTEN STATEMENT,WHICH WILL CONSTITUTE PRIMA FACIE EVIDENCE OF A VIOLATION OF THE PROTECTION ORDER PURSUANT TO SECTION 18-6-803.5 PAGE 7-SENATE BILL 13-197(1) (c), C.R.S.,AND TESTIMONY OF THE CLERK OF THE COURT OR HIS OR HER DEPUTY IS NOT REQUIRED.
​

(j) NOTHING IN THIS SUBSECTION (22)SHALL BE CONSTRUED TO LIMIT
A RESPONDENT'S RIGHT TO PETITION THE COURT FOR DISMISSAL OF A
PROTECTION ORDER.
(k) A PERSON SUBJECT TO A CIVIL PROTECTION ORDER ISSUED PURSUANT TO SUBSECTION (1.5)OF THIS SECTION WHO POSSESSES OR ATTEMPTS TO PURCHASE OR RECEIVE A FIREARM OR AMMUNITION WHILE THE PROTECTION ORDER IS IN EFFECT VIOLATES THE ORDER PURSUANT TO SECTION 18-6-803.5 (1) (c), C.R.S.
(l)

(I) A LAW ENFORCEMENT AGENCY THAT ELECTS IN GOOD FAITH TO NOT STORE A FIREARM OR AMMUNITION FOR A PERSON PURSUANT TO SUB-SUBPARAGRAPH (B)OF SUBPARAGRAPH (III)OF PARAGRAPH(b) OF THIS SUBSECTION (22)SHALL NOT BE HELD CRIMINALLY OR CIVILLY LIABLE FOR SUCH ELECTION NOT TO ACT.
(II) A LAW ENFORCEMENT AGENCY THAT RETURNS POSSESSION OF A FIREARM OR AMMUNITION TO A PERSON IN GOOD FAITH AS PERMITTED BY PARAGRAPH(f) OF THIS SUBSECTION (22)SHALL NOT BE HELD CRIMINALLY OR CIVILLY LIABLE FOR SUCH ACTION.​

The above section is copy-pasted to the following additional offenses:

SECTION 4. In Colorado Revised Statutes, 18-1-1001, add(9) as follows:
18-1-1001. Protection order against defendant.(9) (a) WHEN THE COURT SUBJECTS A DEFENDANT TO A MANDATORY PROTECTION ORDER THAT QUALIFIES AS AN ORDER DESCRIBED IN 18 U.S.C.SEC. 922 (g) (8),THE COURT,AS PART OF SUCH ORDER:

SECTION 5. In Colorado Revised Statutes, 18-6-801, add(8) as follows:
18-6-801. Domestic violence - sentencing.(8) (a) IN ADDITION TO ANY SENTENCE THAT IS IMPOSED UPON A DEFENDANT FOR VIOLATION OF ANY CRIMINAL LAW UNDER THIS TITLE,IF A DEFENDANT IS CONVICTED OF ANY CRIME,THE UNDERLYING FACTUAL BASIS OF WHICH IS FOUND BY THE COURT ON THE RECORD TO BE A MISDEMEANOR CRIME OF DOMESTIC VIOLENCE,AS DEFINED IN 18 U.S.C.SEC. 921 (a) (33),OR THAT IS PUNISHABLE BY A TERM OF IMPRISONMENT EXCEEDING ONE YEAR AND INCLUDES AN ACT OF DOMESTIC VIOLENCE,AS DEFINED IN SECTION 18-6-800.3 (1),THE COURT:

SECTION 6. In Colorado Revised Statutes, add13-14-105.5 as follows:
13-14-105.5. Civil protection orders - prohibition on possessing or purchasing a firearm.(1) IF THE COURT SUBJECTS A PERSON TO A CIVIL PROTECTION ORDER PURSUANT TO A PROVISION OF THIS ARTICLE AND THE PROTECTION ORDER QUALIFIES AS AN ORDER DESCRIBED IN 18 U.S.C.SEC. 922 (d) (8)OR(g) (8),THE COURT,AS PART OF SUCH ORDER:

I have not yet read this whole bill but it is law.

From the looks of it, if the police will not store them too bad. Better sell them quickly with a BG check and receipt.

Section 5 there looks interesting (and possibly invalid). It looks like they tried to say if you plea or are convicted to a different lesser charge you still lose firearm rights if there was a DV or 2year crime in there anywhere. All the rules refer to court orders and imply temporary duration though so do not match up with the text at the head.

 

[NavyLCDR]

This is the "loophole" in the law:

RELINQUISH,FOR THE DURATION OF THE ORDER,ANY FIREARM OR AMMUNITION IN THE RESPONDENT'S IMMEDIATE POSSESSION OR CONTROL OR SUBJECT TO THE RESPONDENT'S IMMEDIATE POSSESSION OR CONTROL;

If Joe gives his firearms to Uncle Fred before he is required to relinquish them to the state (24 hours seems to be the shortest time requirement), then those firearms are no longer under Joe's immediate possession or control and, therefore, are not required to be relinquished to the state.

In addition, there are also all the allowances in the law for "IF THE RESPONDENT DEMONSTRATES TO THE SATISFACTION OF THE COURT THAT HE OR SHE IS UNABLE TO COMPLY WITHIN THE TIME FRAME SET FORTH"

 

[MErl]

That is not a loophole, you are not required to give them to the state. You are required to not posses them, transferring them to a family member is perfectly acceptable. You will be expected to file a receipt and possibly copy of the BG check with the court.

Note that there is no protection against liability for anyone other then law enforcement on return of the guns or ammunition. It could be argued that since a BG check is required to get them back that absolves liability though.

 

[BK]

If Joe gives his firearms to Uncle Fred-

New Colorado law says that he can't do this without the BGC.4473.$10.dealer transfer per gun transfer mandate, right?

http://www.cga.ct.gov/2013/rpt/2013-R-0198.htm

 

[NavyLCDR]

New Colorado law says that he can't do this without the BGC.4473.$10.dealer transfer per gun transfer mandate, right?

http://www.cga.ct.gov/2013/rpt/2013-R-0198.htm

Since an uncle is probably not an "immediate" family member, the background check would probably be required, but it would appear as if there would be 72 hours in which to obtain the background check:

http://www.cga.ct.gov/2013/rpt/2013-R-0198.htm

The new law exempts from the background check requirement transfers:
8. for up to 72 hours, during which time the transferor may be jointly and severally liable for damages caused by the transferee's unlawful use of the firearm;

which is still preferable to giving the firearms over to the state. And it is not $10 per gun. More than one gun may be transferred on a single background check/4473. The $10 would cover all the firearms transferred at one time.

That is not a loophole, you are not required to give them to the state. You are required to not posses them, transferring them to a family member is perfectly acceptable. You will be expected to file a receipt and possibly copy of the BG check with the court.

I should have used the word allowance rather than loophole.

 

[akodo]

It just seems so wrong to me that someone gets commanded to give up or sell their firearms PRIOR to a conviction.

Not everyone has close family members who are willing and able to accept firearms. Heck, not everyone has close family members.

For those people it seems the only option is police take the guns or you sell them. You shouldn't have to sell something you want to keep, or sell something at probably a loss, for simply being CHARGED with a crime.

I hope someone goes after the legal basis for this law and either gets the law removed, or FORCES the police to accept firearms in circumstances like these

 

[MErl]

How does section 5 there work? There is no mention of an order in the root of this section, the other sections are adding mandatory requirements on issued restraining orders. Is this a permanent thing or is this a required restraining order of unspecified duration in addition to any other sentence?

SECTION 5. In Colorado Revised Statutes, 18-6-801, add (8) as follows:
18-6-801. Domestic violence - sentencing. (8) (a) IN ADDITION TO ANY SENTENCE THAT IS IMPOSED UPON A DEFENDANT FOR VIOLATION OF ANY CRIMINAL LAW UNDER THIS TITLE, IF A DEFENDANT IS CONVICTED OF ANY CRIME, THE UNDERLYING FACTUAL BASIS OF WHICH IS FOUND BY THE COURT ON THE RECORD TO BE A MISDEMEANOR CRIME OF DOMESTIC VIOLENCE,AS DEFINED IN 18 U.S.C. SEC. 921 (a) (33), OR THAT IS PUNISHABLE BY A TERM OF IMPRISONMENT EXCEEDING ONE YEAR AND INCLUDES AN ACT OF DOMESTIC VIOLENCE,AS DEFINED IN SECTION 18-6-800.3 (1),THE COURT:

(I) SHALL ORDER THE DEFENDANT TO:
(A) REFRAIN FROM POSSESSING OR PURCHASING ANY FIREARM OR AMMUNITION FOR THE DURATION OF THE ORDER;AND
(B) RELINQUISH ANY FIREARM OR AMMUNITION IN THE DEFENDANT'S IMMEDIATE POSSESSION OR CONTROL OR SUBJECT TO THE DEFENDANT'S IMMEDIATE POSSESSION OR CONTROL;AND​

rest is same as above

 

[C.F. Plinker]

Would moving into an apartment and giving the keys to your house, where all of your firearms are located, to someone who understands that you are not to have any type of access to the firearms or ammunition meet the requirements of the law that you no longer have immediate possession and control of a firearm.

 

[MErl]

Probably, where they end up stored is not specified beyond you not having access. The person with the keys would be required to make out a receipt either way.

In such a situation be careful to maintain possession of magazines with >15 capacity.

 

[Bubbles]

According to the ATF giving a firearm to a dealer for the purpose of consigning it is a transfer. So, if you want to keep the gun(s) and think you can beat the charges, consign the gun(s) with a dealer and ask for an insanely high price. If you get convicted or need cash for attorney's fees, lower the price so that the guns sell. If found not guilty then end the consignment and go through the process to get the guns back.