Author Topic: Advisory: Colorado gun laws taking effect on July 1st, 2013  (Read 1011 times)

Offline BlueFeather

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Long Rifle contacted me to get an idea about the Impact of gun laws taking effect on 7/1/13... Most of you probably don't know that I have a law degree. I don't practice, but I try to keep up on pertinent legislation, both local and federal. I cannot give out specific advise, but I can talk in generalities.

Anyway, HB1229 bans the unregulated transfer of a firearm between two Colorado citizens. Starting on July 1, 2013, all transfers of possession of a Colorado firearm require a timely background check. This goes far beyond a sale and transfer of ownership: ANY transfer of possession requires an analysis of whether a background check is needed.

Lending a rifle to a friend for a hunt now requires a background check. Giving a gun to a family member requires an analysis of whether they are wthin a defined excepted class.

However, there are some distinctions: you may temporarily loan a firearm to a person who can legally own a firearm, as long as you are continuously present and you must take back the firearm within 72 hours. During a competition you may lend a firearm only if the competition is approved by a state agency or nonprofit organization.

Under the Appleseed scenario, it then appears that an instructor may lend a rifle to a person legally allowed to own such rifle, during the event itself. I would suggest that instructors verify this for themselves by consulting with an attorney who specializes in gun related issues within the state of Colorado.

HB 1224 bans magazines with a capacity of greater than 15 rounds, and shotgun tubes greater than 28 inches. You may possess a "large capacity" magazine if you owned the magazine before July 1, 2013, and maintain continuous possession of the "large capacity" magazine. YOU will have to prove you owned the magazine before July 1, 2013. (You might  consider taking date stamped pictures of such mags.) Because of the continuous possession clause you MAY NOT lend an offending magazine to a friend or even pick up a magazine that you do not yourself own!

As a Shoot Boss for any events in Colorado, I would cover this with all instructors prior to the event AND review these laws with all students at the beginning of every Appleseed on or after July 1st. Make sure to mention that no one may lend a magazine of greater than 15 round capacity EVER.

How might responsible gun owners legally get around these issues without moving out of Colorado? You might consider creating a gun trust and transfer ownership of guns and mags to the trust. If you try to do this after 7/1, background checks will have to be done, but a trust still provides more flexibility.

As far as The RWVA providing legal protection for instructors is concerned, while I have no specific knowledge about this, I must assume that every instructor is fully responsible for their own actions. Don't assume that Appleseed will protect you if you mistakenly break the law!

Recall efforts are under way in earnest, but overturning bad legislation is harder than passing it in the first place. Many Colorado Sheriffs have stated that they have no intention of enforcing these laws, but don't let that make you complacent. It is entirely possible that there will be shills at various shooting events and they would be more than happy to document criminal behavior of hated gun owners and damage the reputations of various organizations, such as the RWVA, in the process.

Just as with all electronic communication, behave as if you are always being overheard, so do your best to work within these new confines.  (I can see the day coming, when it will be argued that we have no expectation of privacy, ever... but that is another discussion.)

HTH for everyone who lives and works in Colorado!
All that is necessary for the triumph of evil is for good men to do nothing. (not Edmund Burke)

Offline asminuteman

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Re: Advisory: Colorado gun laws taking effect on July 1st, 2013
« Reply #1 on: June 15, 2013, 08:01:45 PM »
As the Shawnee would say....Wohdoh Nah....

Thank you Bluefeather
"He who dares not offend cannot be honest." ~ Thomas Paine

"He that would make his own liberty secure, must guard even his enemy from oppression; for if he violates this duty, he establishes a precedent that will reach to himself."~ Thomas Paine

I know of no way to judge the future, then by the past. -Thomas Paine

Offline alkeford

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Re: Advisory: Colorado gun laws taking effect on July 1st, 2013
« Reply #2 on: June 15, 2013, 11:06:58 PM »
   Thank you BF
Even though I live in FL. I think its good that we all keep up on these issues nationwide.


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Offline Sly223

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Re: Advisory: Colorado gun laws taking effect on July 1st, 2013
« Reply #3 on: June 16, 2013, 06:51:49 AM »
There today here tomorrow,The Gun trust is a great loophole jump on that opportunity nothing else can save your rights, But downright force. :wb: :( :'( :sos: :sos: &) !@#) %) @&) :~ :--- :shootself: :slap: ..:.. :DH:
« Last Edit: June 17, 2013, 03:32:53 PM by Sly223 »
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Offline Cory Mathis

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Re: Advisory: Colorado gun laws taking effect on July 1st, 2013
« Reply #4 on: June 16, 2013, 07:39:44 AM »
My gun trust is the 2nd amendment.  Period.  Some things you just can't compromise.  Ask the folks that took the stand on April 19, 1775.

Just a thought.

Casper

Offline Prone to Knit

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Re: Advisory: Colorado gun laws taking effect on July 1st, 2013
« Reply #5 on: June 17, 2013, 02:25:43 PM »
Thanks, BlueFeather.
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