Author Topic: How do I get an AR-308 legally in Denver? Build it? Incorporate in WY & use addy  (Read 960 times)

jcllings

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There has to be a way to do this. There's no such thing as gun control that can't be beaten!  I want to do it legally, of course, but it will be a cold day in Hell before I let them stop me.

Can I:

1. Build my own using Defense Distributed's Ghost Gunner II ? Reading the law here suggests that I can't even assemble parts, so maybe not.
2. Get a business license outside of Denver County (probably in Cheyanne WY not CO). Have the business purchase the rifle?  Bonus: Ammo for training at wholesale.
3. Acquire an address or P.O. box outside of Denver County and have all of my mail sent there.  Then after 2 months, claim that as my residency?

« Last Edit: March 05, 2018, 07:59:37 PM by jcllings »

TexasLawShield

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jcllings,

In response to your first question: The Denver Municipal Code (Section 38-130) makes it unlawful to “carry, store, keep, manufacture, sell or otherwise possess” assault weapons in the City and County of Denver.  In response to your second and third question: Place of residence and/or ownership of the firearm does not provide an exception to this criminal statute.  In other words, regardless of the true owner of the firearm or the person’s listed domicile, it is unlawful to be in possession of an assault weapon in Denver.
 
However, subsection (c) of 38-130 excludes from the definition of assault weapon, “all semiautomatic weapons for which there is no fixed magazine with capacity of more than fifteen rounds available.”  Further, subsection (b) of 38-130 defines “assault weapon” as “all semiautomatic action, centerfire rifles with a detachable magazine with a capacity of more than fifteen rounds.”  By omission, the statute seems to suggest ArmaLite rifles may be legal in Denver as long as they are not accompanied with a fixed or detachable magazine with a capacity of more than fifteen rounds.  Note, magazines with the ability to carry more than fifteen rounds are unlawful to possess, with few exception, throughout the state of Colorado. 
 
The language of the statute is ambiguous at best and could be interpreted in a variety of ways.  A person charged with unlawfully possessing an assault weapon would likely have to raise these issues in court or at a trial.   Under the above referenced statute, a judge may sentence any person convicted of unlawfully possessing an assault weapon to a fine of not less than one hundred dollars or more than nine hundred ninety-nine dollars and a term of incarceration of not less than ten days nor more than one hundred eighty days.

jcllings

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OK but you aren't you missing some of the finer points?  I should mention that I didn't always live in Denver County. I recently moved here and I already know there are 'grandfather' clauses.  Isn't it the case that a person could move outside the county and then purchase and then move back into the county or some such? What about arms that nobody can prove were made on any specific date by any specific person? How could they prosecute and/or enforce that?

The magazine ban is unenforcible for a number of reasons, isn't it? First being that the cops don't generally enforce it but it says right in the law that I read that the burden of proof that a magazine isn't pre-ban is on the state. I know that magazine vendors don't cooperate with these laws and I also know that most rifles and pistols have magazines identical to previous pre-ban models.  The Sig P320 for example can accept pre-ban, grandfathered Sig p250 mags. As far as I can tell, it's exactly the same mag.

I'll be moving the heck out of here and boycotting literally all of my commercial activities from Denver County, since they've decided to secede from the Union, as soon as my lease is up. DON'T DO BUSINESS IN DENVER. Has a nice bumper sticker ring to it. Maybe I can sell those.
« Last Edit: March 17, 2018, 09:32:11 PM by jcllings »

TexasLawShield

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jcllings,

With regards to your first question:  As stated above, Denver Municipal Code (Section 38-130) simply makes it unlawful to possess an assault weapon in the City and County of Denver.  Therefore, purchasing an assault weapon in a county other than Denver and moving back into city limits, does not help you.  It is irrelevant where you first acquired the rifle.

With regards to your second question:  Denver Municipal Code (Section 38-130(f)) does provide a grandfather clause exception if certain stringent requirements are met.  These requirements include, original serial numbers, identifying information of the firearm, fingerprinting of the owner and contact information. The person possessing the assault weapon must have obtained the firearm legally prior to the effective date of the ban. More importantly, the application for a permit must have been filed within sixty days of the effective date of the ban.  As such, “arms that nobody can prove were made on any specific date by any specific person” would not qualify for a permit under this statute. If it is an assault weapon, it would be ILLLEGAL TO POSSESS. The prosecutor does not have to “prove” when it was manufactured. If you have an assault weapon, and you don’t have that permit, you are breaking the law.
 
With regards to your third question:  You are correct, the State bears the burden of proof to refute the assertion that a person is legally permitted to possess a large-capacity magazine pursuant to the exception listed in C.R.S. 18-12-302(2)(a).  Under this subsection, a person may legally possess a large-capacity magazine if they owned the magazine on July 1, 2013 and maintained continuous possession of the magazine.  This ban is certainly not unenforceable; however the ability of the State to meet their burden depends on the facts of each individual case.  Be aware, even if the magazine vendors are skirting or breaking the law, that does not free you from liability. It is still unlawful to provide information to law enforcement or in court that is known to be false.