Thursday, August 31, 2023

Colorado firearms transfers - some exceptions

Colorado mandates "background checks" for private firearms transfers, i.e., two people buying or selling or gifting a gun.  No surprise the background check requires a fee, in addition to paperwork (including nonsensical questions on the background check form itself) and creeping government oversight.

There are exceptions (buried in the legislation, for example CRS 18-12-112(6)).  One excludes "antique firearms."  What is an antique firearm?   Colorado incorporates the federal definition at 18 USC 921(a)(3) & (16), which is "any firearm ... manufactured in or before 1898" or replica thereof, and muzzleloaders.

Other exceptions include a gift between "immediate" family members, transfers relating to a will or trust, and various "temporary" transfers.

Failure to comply carries criminal and civil liability consequences (ironic since people who use guns to commit crimes tend not to care about such things).

Tuesday, August 22, 2023

On being pulled over by police...

It happens to all drivers sooner or later.  A flashing cop car shows up in your rearview mirror.  Now what?

First, quickly but safely pull over.  Use your signal and keep it on.  Keep your vehicle running and wait for the cop to approach your window.  Keep your seatbelt on, turn off the radio.

Next, roll down your window half-way, say hello, and wait for the cop to initiate the conversation.  Be polite, very polite.  No sudden movements.  

Don't answer questions relating to potential criminal activity, like Do you know why I pulled you over, Do you know how fast the speed limit is, Have you been drinking, etc.  Instead, ask the cop if he'd like to see your driver's license, insurance and registration.  Ask if this is a good place to pull over, if you should turn off your car.

Don't agree to anything you don't have to, like a search of the car, or roadside sobriety tests.  If unsure, ask him if you have to do any of the things he is asking you.  If not, don't do it.  If it's an order, do it.  Remain polite.  Keep a smile but don't look foolish.

As soon as he stops asking you questions etc., ask if you are free to leave, for your license etc. back, and thank him for doing his job.  Volunteer no information, and slowly be on your way as soon as possible.  

Assume you cannot talk your way out of a ticket.  Talking only makes it worse.  The cop is not there to chat.  If he gives you a ticket, take it politely without reading it and, if he says its ok, be on your way.  Don't argue, or get angry.

Next day, calendar the court date, and call a lawyer.  Tickets generally can be pled down to something more acceptable, and may be worth challenging (or at least having a lawyer look it over).