Boulder CO banning "assault weapons" NEW update post 89 people are saying FO

[Squire]

I think it's going to get smacked down in the Courts, but the Smugness damage has been done. The antis will get to claim martyrdom at the hands of the Terrorist NRA/Gun Lobby.

The Perfect Storm of Self Satisfaction

Citizens are fighting back!

Boulder Residents File Lawsuit Against City Over ‘Assault Weapons’ Ban

 

[Frizzle Fry]

Apparently no one ever told MA, NY, CT, HI or PA that, either?

Unfortunately MA predates FOPA and that is a carveout in the law... however MA has been expanded/changed a lot since then, it'd be interesting to see what a judge thinks of that.

 

[slipknot]

Registries are banned under FOPA. Maybe somebody told them that.

Apparently if something is illegal, it doesn't mean it is not being done.

https://www.concealedcarry.com/law/are-guns-registered/

"No such rule or regulation prescribed [by the Attorney General] after the date of the enactment of the Firearms Owners Protection Act may require that records required to be maintained under this chapter or any portion of the contents of such records, be recorded at or transferred to a facility owned, managed, or controlled by the United States or any State or any political subdivision thereof, nor that any system of registration of firearms, firearms owners, or firearms transactions or disposition be established. Nothing in this section expands or restricts the Secretary's authority to inquire into the disposition of any firearm in the course of a criminal investigation."

 

[mikeyp]

Update

Boulder Residents Given Days To 'Certify' Rifles Or Face Consequences

 

[StevieP]

Or what?

Is the City Council going door-to-door to confiscate them? Who's going first through the door in the stack?

Do they want to get shot? Because that's how you get shot.

 

[W.E.C]

 

[StevieP]

flashbunny.org does not seem to be a legitimate site, btw

 

[EC1]

Boulder and Golden are Colorado's answer to Cambridge and Amherst.

 

[Uzi2]

The Boulder city council should be stacked like cord wood on the front steps of Boulder City Hall.

 

[rwl1955]

Or what?

Is the City Council going door-to-door to confiscate them? Who's going first through the door in the stack?

Do they want to get shot? Because that's how you get shot.

AND I still don't see a legally enforceable law with penalties. All it says is you could be in BIG TROUBLE.

 

[Coyote33]

with all this anti crap going on where is Trump protecting 2A like he promised in his campaign....States should not have the right to step on the individual freedoms guaranteed in the BOR.

Well, he did make a Supreme Court appointment which might help.

They will be sued.
"
During the public comment period for the legislation, the nonprofit Mountain States Legal Foundation promised to sue the city for "violations of the Second, Fifth, and Fourteenth Amendments," as well as the Colorado Constitution, Fox's KDVR-TV reported.

The proposed ordinance led to protests last week, with some pro-Second Amendment activists carrying long guns openly in the streets, according to local reports."

What about the Fourth Amendment???????

Well, nice to know some of them are protesting. We need more of that.

 

[namedpipes]

Someone should "register" a million or so rifles. See how the city likes spending a huge chunk of change on the forms.

 

[Uzi2]

Someone should "register" a million or so rifles. See how the city likes spending a huge chunk of change on the forms.

No need for one person to do it.

They could be easily overwhelmed. Get 100 people to all show up at once, each requesting 300 forms each.

My guess is, they'd likely just pass the burden back onto the people and tell them to type out a list to be attached to 1 form with their information.

I'd sooner just not comply at all......come try and take them.

 

[GM-GUY]

And as soon as the first door is kicked in and lawful citizen arrested/hurt/killed its game on for who passed & enforced it.

This applies to all states.

 

[namedpipes]

No need for one person to do it.

They could be easily overwhelmed. Get 100 people to all show up at once, each requesting 300 forms each.

My guess is, they'd likely just pass the burden back onto the people and tell them to type out a list to be attached to 1 form with their information.

I'd sooner just not comply at all......come try and take them.

But officer. None of them have serial numbers!

Yeah I know. Non compliance is the proper course. I'm disappointed that 85 rifles were registered.

 

[Seamsealer]

New York or Connecticut did that a few years ago too, I don't think they had very much success with owners registering their AR15's. It's too bad the 85 did what they did.

 

[Matt_SERE]

We will punish you and you need to pay for the privilege of tracking your gunz.

City Attorney Tom Carr said anyone found in possession of a non-certified, banned weapon will be subject to fines and criminal charges. City law allows for a fine up to $1,000 and 90 days in jail. Banned guns also could be confiscated and destroyed following a conviction.

"The code gives officers discretion," Carr said. "For example, if the weapon was discovered during an investigation of a crime of violence, I would think that it is more likely to be seized. If the investigation was for something more administrative in nature, I would expect most officers would advise the person of the law and how to comply."

Carr and Police Chief Greg Testa have been open about limits on the ban's enforceability. Police are likely to encounter illegal weapons predominantly when interacting with subjects related to another matter. A high degree of non-compliance is expected, Carr said earlier this year.

-snip-

Because police do not retain any documentation, they are unable to issue a replacement certificate if the original is lost. Certificates cost $20 for the first gun, and $5 per weapon for each additional firearm during the same certification. More information is available at bouldercolorado.gov/police/firearm-certification.

85 assault weapons certified in Boulder as ban compliance date looms

 

[namedpipes]

Well, since they're allowing residents to keep their own property so long as they pay (again) a tax, register their property and successfully pass a background check, I don't know what anybody is complaining about?

Incidentally, if one loses their certificate or it's damaged by a fire or even a flood (floods NEVER destroy firearm registration documents - this is a proven fact) I assume the police will issue another certificate even though the deadline will have been years in the past and they keep no records.

 

[amm5061]

Because police do not retain any documentation, they are unable to issue a replacement certificate if the original is lost. Certificates cost $20 for the first gun, and $5 per weapon for each additional firearm during the same certification. More information is available at bouldercolorado.gov/police/firearm-certification.

85 assault weapons certified in Boulder as ban compliance date looms

This sounds like the perfect problem to solve with Photoshop and a color printer.... Just sayin.

 

[RImike]

This sounds like the perfect problem to solve with Photoshop and a color printer.... Just sayin.

Does anyone have a copy of said "certificate"?

 

[namedpipes]

Does anyone have a copy of said "certificate"?

Only 85 certificates exist outside of police custody and those are possessed by sycophants that probably shouldn't be allowed around guns (or sharp objects) in the first place.

 

[amm5061]

Only 85 certificates exist outside of police custody and those are possessed by sycophants that probably shouldn't be allowed around guns (or sharp objects) in the first place.

Hey, you don't know that one of them didn't think of my proposed solution as well and chose to take one for the team.

 

[Matt_SERE]

Incidentally, if one loses their certificate or it's damaged by a fire or even a flood (floods NEVER destroy firearm registration documents - this is a proven fact) I assume the police will issue another certificate even though the deadline will have been years in the past and they keep no records.

The article says no replacement will ever available due to the PoPo not keeping records. LOL. They are running a background check on the owner and a history on the weapon, but no records are being kept.

 

[rwl1955]

are the Cops going to be monitoring the shooting ranges?

 

[Whutmeworry]

Do not comply.

 

[JackOfAllTrades]

Are these "laws" passed by the city council civil or criminal? Since there is a possible jail term, they sure sound like criminal laws rather than civil (simply a fine).
Is it even legal for a city council to pass criminal law?

If the police are not keeping records to whom they have issued certificates (further evidenced by the certificates being irreplaceable in the event of loss), then this complicates a criminal case.

The burden of proof should be on the State, er, city to prove that the firearm in question is unregistered. If they can't prove that any are registered, then they can't prove that this one wasn't.

Unless the plan is to go civil forfeiture. You don't charge the person with anything, but the undocumented rifle gets charged and confiscated. Unless you can prove the registration it goes away.

 

[SpaceCritter]

Isn't Colorado a preemption state? If so, this needs an injunction posthaste as the precedent if this is allowed to stand is gawdawful.

 

[Whutmeworry]

Are these "laws" passed by the city council civil or criminal? Since there is a possible jail term, they sure sound like criminal laws rather than civil (simply a fine).
Is it even legal for a city council to pass criminal law?

If the police are not keeping records to whom they have issued certificates (further evidenced by the certificates being irreplaceable in the event of loss), then this complicates a criminal case.

The burden of proof should be on the State, er, city to prove that the firearm in question is unregistered. If they can't prove that any are registered, then they can't prove that this one wasn't.

Unless the plan is to go civil forfeiture. You don't charge the person with anything, but the undocumented rifle gets charged and confiscated. Unless you can prove the registration it goes away.

Based on my misfortune of having visited Boulder several times back in the 1990s, I would surmise that this "law" was written in crayon - using a variety of colors to simulate a rainbow/Google-like effect - and that there will probably never be any real attempt to enforce it. As with just about everything that has ever been passed in the state leg or "decreed" by our AG here in the PRM, all these actions are meant to do is to make the p*ssies in our society feel good about themselves, and to scare gun owners into compliance.

 

[Whutmeworry]

I don't believe CO has a pre-emption statute. At least it didn't back in the mid-1990's, back when the state was actually pretty conservative.

 

[NickJ]

Colorado does have pre-emption. Denver found a way around it, based on the fact that Denver predates Colorado becoming a state. It’s been tried and tested in court, to no avail. Boulder is following their lead.