Explore The NRA Universe Of Websites

APPEARS IN News

Colorado DA Refuses to Prosecute Flood Victims for Private Firearm Transfers

Friday, October 4, 2013

Back in February and March, NRA-ILA warned that Colorado's House Bill 1229, criminalizing the private transfer of firearms, was overbroad, and would unduly burden and ensnare law-abiding citizens. Lo and behold, less than seven months after Gov. Hickenlooper signed HB 1229, some victims of September's devastating floods are fearful of being prosecuted under the new law.

According to an article published in the Greeley Tribune of Greeley, Colo., residents of Weld County, Colo. contacted Weld District Attorney Ken Buck with concerns that if they were to store their firearms with family or friends while cleaning or rebuilding their flood ravaged homes they could face prosecution for an illegal firearms transfer. While the new statute contains very limited exceptions for things like "bona fide gift[s] between immediate family members," it does not exempt the temporary transfer of a firearm for safekeeping at someone else's property.

To assuage the fears of his constituents, in a September 30th press release, Buck announced that he will not prosecute anyone experiencing such hardship. Buck is quoted in the press release as stating, "It would be unconscionable to require those affected by the floodwaters to obtain a background check… And it would be equally unconscionable to prosecute them under these circumstances. This is an example of the consequences of laws that are overbroad and not well thought out and illustrates how such laws can harm residents' rights."

On the same date, Buck sent a letter to the police chiefs of Weld County and Weld Sheriff John Cooke, alerting them to his position. The letter makes clear to the law enforcement agencies, "the District Attorney's Office will not accept for prosecution any allegation that an individual failed to obtain a background check prior to transferring a firearm under these emergency circumstances." In response, Sheriff Cooke, who has joined with 54 other Sheriffs in a lawsuit challenging Colorado's new gun laws, told the Greeley Tribune regarding the flood victims, "They want to get (their guns), and they're going to give them to a friend, and to think that Colorado law just made those people criminals by giving them to a friend without getting a background check victimizes them all over again... It's just callous and wrong."

The recent experience in Colorado serves as another example, along with that of New York's SAFE Act, of the effects of hastily drafted and impulsive legislation that fails to consider the realities faced by the gun owning public. If there is a silver lining to these attacks on gun owners, it is the willingness of local law enforcement, as in Colorado, New York and Illinois, to stand up to their state governments by fighting, or refusing to enforce, unjust and unconstitutional laws, in order to protect the rights of their constituents.

We applaud the words and deeds of District Attorney Buck and Sheriff Cooke, and encourage other law enforcement officials in those areas of Colorado affected by flooding to follow suit in offering their assurance that gun owners facing similar hardship will not face prosecution.

TRENDING NOW
Trump Administration Revives Federal Firearm Rights Restoration Provision

News  

Friday, March 21, 2025

Trump Administration Revives Federal Firearm Rights Restoration Provision

On March 20, the U.S. Department of Justice (DOJ) published an interim final rule entitled, Withdrawing the Attorney General’s Delegation of Authority. That bland title belies the historic nature of the measure, which is aimed at reviving ...

No Fooling: Trump Administration Pares Back Anti-Gun CDC Center

News  

Monday, April 7, 2025

No Fooling: Trump Administration Pares Back Anti-Gun CDC Center

On April 1, the Trump administration announced wide-ranging reforms to the embattled U.S. public health bureaucracy. According to an article from Politico, part of the reform effort is a “reduction in force that aims to cut 10,000” ...

Cory Booker Goes from “I am Spartacus” to “I am Hypocrite”

News  

Monday, April 7, 2025

Cory Booker Goes from “I am Spartacus” to “I am Hypocrite”

Last week, U.S. Senator Cory Booker (D-N.J.) took to the Senate floor so that he could complain about President Trump and Elon Musk.  He went on for over 24 hours.  One can speculate as to ...

Colorado: FOID Bill On Governor Polis' Desk, More Gun Control On the Move

Wednesday, April 2, 2025

Colorado: FOID Bill On Governor Polis' Desk, More Gun Control On the Move

As the clock runs down on Governor Polis' 10-day window to veto Senate Bill 25-003, the semi-auto ban turned FOID-scheme bill, he continues to sit on his hands and let the bill gather dust on his ...

Rep. Hinson and Sen. Cotton Reintroduce Bill to Repeal Firearm Transfer Tax

News  

Thursday, April 3, 2025

Rep. Hinson and Sen. Cotton Reintroduce Bill to Repeal Firearm Transfer Tax

On April 1, 2025, Representative Ashley Hinson (R-IA-02) and Senator Tom Cotton (R-AR) reintroduced the Repealing Illegal Freedom and Liberty Excises Act, or the RIFLE Act. These bills (H.R. 2552 and S.1224 respectively) would remove a $200 excise tax that is imposed ...

Teach Your Children Well: Schools Step Up to Offer Firearm Safety and Education Programs

News  

Monday, April 7, 2025

Teach Your Children Well: Schools Step Up to Offer Firearm Safety and Education Programs

Providing firearm safety training opportunities to school-aged children is not a novel concept, although utilizing legislative solutions is a newer approach to this old idea. Prior to the 1970s, it was quite standard nationwide for ...

NRA Files Lawsuit Challenging Colorado’s Excise Tax on Firearm and Ammunition Sales

News  

Second Amendment  

Monday, March 31, 2025

NRA Files Lawsuit Challenging Colorado’s Excise Tax on Firearm and Ammunition Sales

Today, the National Rifle Association of America (NRA), together with the Firearms Policy Coalition, Second Amendment Foundation, Colorado State Shooting Association, Magnum Shooting Center, and an NRA member, filed a lawsuit challenging Colorado’s 6.5% excise ...

Hawaii: Firearm Ban Passes House- Contact Your Senator Today!

Monday, April 7, 2025

Hawaii: Firearm Ban Passes House- Contact Your Senator Today!

On Friday, the Hawaii House passed Senate Bill 401, legislation that would expand the current ban on "assault pistols" to include certain rifles and shotguns in addition to banning standard capacity magazines.  The bill will now head ...

Zeroed Out: Trump Administration Formally Ends Biden-Era War on Gun Dealers

News  

Second Amendment  

Tuesday, April 8, 2025

Zeroed Out: Trump Administration Formally Ends Biden-Era War on Gun Dealers

On April 7, the Trump Administration formally revoked the Biden-Harris Administration’s “zero tolerance” policy for inspections of federal firearm licensees (FFLs). The edict ended a bureaucratic reign of terror that was costing small business people their livelihoods over harmless ...

Legislation Introduced to Prevent States from Taxing Guns and Ammunition

News  

Wednesday, April 2, 2025

Legislation Introduced to Prevent States from Taxing Guns and Ammunition

Last week, U.S. Senator Jim Risch (R-ID) and U.S. Representatives Darrell Issa (R-CA-48) and Richard Hudson (R-NC-9) reintroduced the Freedom from Unfair Gun Taxes Act (S.1169 and H.R.2442 respectively). This legislation would prohibit states from ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.