Police Want to Return Woman's Legal Firearm - But, Colo. Law Won't Let Them

May 15, 2014 - 10:28 AM

The Loveland Reporter-Herald in Colorado has a harrowing tale of indirect gun confiscation.  Sara Warren, a maid, is a law-abiding gun owner. Besides exercising her constitutional Second Amendment rights, she carries her firearm for personal protection.  She knows this isn't a license to be reckless; she has turned down jobs because she didn't feel safe in certain homes.

But, on March 28 of this year, she was in an accident, which led to her firearm being taken by the Fort Collins Police - and it's been in their possession ever since.  Warren has long left the hospital and is struggling to get her firearm back.  Why? Because Colorado's new laws on gun transfers went into effect on July 1, 2013 (via Loveland Reporter-Herald):

"I'm told there are other people in this situation," Sheriff Justin Smith said. "It's terrible when a law-abiding citizen gets caught up in something like this and it causes them to lose faith in their government."

...

"We had an opinion from our city attorney and district attorney not to return firearms without a (Federal Firearms License) check, and we don't have an FFL person in our office," said Fort Collins deputy chief Jim Szakmeister.

Warren said she has been in contact with Fort Collins police and the city attorney's office since her accident, demanding a way for her property to be returned to her. No options were offered her.

....

"We're working on a long-term solution. The greatest solution would be for the legislators to put in a police exemption. Otherwise we're probably going to have to get an FFL and find someone in the office willing to work in that capacity," Szakmeister said.

Sheriff Smith said he was told by the Colorado Bureau of Investigation to use their resources and disregard regulations for FFL background checks on interdepartmental transfers.

"I'll risk being in noncompliance with the law before I'm keeping somebody's property we have no right to keep," Smith said.