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

Discussion in 'General Discussion' started by mikeyp, May 4, 2018.

  1. Squire

    Squire NES Member

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  2. Frizzle Fry

    Frizzle Fry NES Member

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    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.
     
  3. slipknot

    slipknot NES Member

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    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."
     
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  4. mikeyp

    mikeyp NES Member

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  5. StevieP

    StevieP NES Member

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    Gone to Carolina in my mind...
    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.
     
    Last edited: Dec 6, 2018
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  6. W.E.C

    W.E.C NES Member

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  7. StevieP

    StevieP NES Member

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    Gone to Carolina in my mind...
    flashbunny.org does not seem to be a legitimate site, btw
     
  8. EC1

    EC1 NES Member

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    Boulder and Golden are Colorado's answer to Cambridge and Amherst.
     
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  9. Uzi2

    Uzi2 NES Member

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    The Boulder city council should be stacked like cord wood on the front steps of Boulder City Hall.
     
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  10. rwl1955

    rwl1955 NES Member

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    AND I still don't see a legally enforceable law with penalties. All it says is you could be in BIG TROUBLE.
     
  11. Coyote33

    Coyote33

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


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

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

    namedpipes NES Member

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    Someone should "register" a million or so rifles. See how the city likes spending a huge chunk of change on the forms.
     
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  13. Uzi2

    Uzi2 NES Member

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    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.
     
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  14. GM-GUY

    GM-GUY NES Member

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    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.
     
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  15. namedpipes

    namedpipes NES Member

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    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.
     
  16. Seamsealer

    Seamsealer

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    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.
     
  17. SERE

    SERE NES Life Member NES Member

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    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
     
  18. namedpipes

    namedpipes NES Member

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    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.
     
  19. amm5061

    amm5061 NES Member

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

    RImike

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    Does anyone have a copy of said "certificate"?
     
  21. namedpipes

    namedpipes NES Member

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    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.
     
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  22. amm5061

    amm5061 NES Member

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    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.
     
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  23. SERE

    SERE NES Life Member NES Member

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    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. [puke]
     
  24. rwl1955

    rwl1955 NES Member

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    are the Cops going to be monitoring the shooting ranges?
     
  25. Whutmeworry

    Whutmeworry NES Member

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    NOT 1600 Pennsylvannia Avenue anymore!!!!
    Do not comply.
     
  26. JackOfAllTrades

    JackOfAllTrades

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    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.
     
  27. SpaceCritter

    SpaceCritter NES Member

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

    Whutmeworry NES Member

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    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.
     
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  29. Whutmeworry

    Whutmeworry NES Member

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    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.
     
  30. NickJ

    NickJ

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    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.
     
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