Posted on 05/10/2014 7:35:51 AM PDT by Rusty0604
Sara Warren said Fort Collins police took her Ruger SR9, which she uses for personal protection in her job as a maid when visiting clients’ homes, after an accident required her to be transported to the hospital.
The police want to give it back, but a new universal background check law passed last year amid much controversy requires a Federal Firearms License background check.
Fort Collins police don’t have an FFL holder on staff.
“We had an opinion from our city attorney and district attorney not to return firearms without a (Federal Firearms License) check, and we don’t have an FFL person in our office,” Fort Collins deputy chief Jim Szakmeister told the Loveland Reporter Herald.
The police have hit on a one-time solution and are arranging for Warren and others in a similar situation to meet officers at a local outdoor store with an FFL license. Szakmeister told the newspaper he’s not sure who will pay for the background checks.
“We’re working on a long-term solution,” he said. “The greatest solution would be for the legislators to put in a police exemption. Otherwise we’re probably going to have to get an FFL and find someone in the office willing to work in that capacity.”
(Excerpt) Read more at dailycaller.com ...
Not even a police exemption.
So whoever took away her gun without a background check should be a felon for breaking the law. Three of the “legislatures” that wrote this law have been recalled form office.
Yes, the legislators were tyrants. However, it seems the police, etc. are at least trying to accommodate her rights however they can.
Yes, the ‘taking’ by a non FFL person seems to be a violation.
In the absence of common sense, I suggest she take whatever action is necessary to ensure her personal safety.
Legislators, police - All have acted stupidly.
Politicians make laws and bureaucrats make regulations without any thought to details or consequences.
That is agreed. And not all ‘regulations, guidelines and rules’ have legal basis given by legislated laws.
“The police want to give it back, but a new universal background check law passed last year amid much controversy requires a Federal Firearms License background check.
Fort Collins police don’t have an FFL holder on staff.
“We had an opinion from our city attorney and district attorney not to return firearms without a (Federal Firearms License) check, and we don’t have an FFL person in our office,” Fort Collins deputy chief Jim Szakmeister told the Loveland Reporter Herald.”
This is complete and utter bullshit. The police could simply have any FFL in the state make the transfer for them, even if in the worst case the FFL first bought the gun from them for a nominal fee of $1.00, which would require NO background check, and then turned around and sold it to the woman for $1.00.
Heck, I think I’ll call them or her and volunteer to do it for free!
Now THAT is a chilling phrase, although you intended it as a compliment to the PD.
Refusing to return the gun upon demand is conversion. In IN she could seek treble damages and attorney fees.
sounds like it was illegally siezed if they have no ffl. so they don’t legallyhave it in the first ace. id give it back with a wink and a nod
I really didn’t intend it as a compliment, but rather as an affirmation that what they tried to do in agreeing to meet at a third party FFL location, was what they SHOULD have done. Still, it is a chilling remark given that this is not what most any Democrat infested locale or state gets from their law enforcement.
Perhaps she can get backing from the Independence Institute (Based in Colorado), take this to court and get the law thrown out. She definitely has standing to do so.
Then she can sue the hell out of those bums.
Colorado ping.
You are right, that IS a chilling phrase.
Sounds like the woman needs to get a constitutional lawyer and sue for the law to be overturned as she’s been denied property and given no recourse to have it returned within the law.
I know, lets pass another gun law in the dead of night before anybody reads it.
We have to pass the bill to find out what's in it. And we can throw in a 2-round limit to all magazines!
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