January 04, 2016 12:16 PM UTC

So You Want To "Enforce Existing Laws," Do You?

• 14 Comments
• by: Colorado Pols

One of the principal arguments made by opponents of gun safety legislation like the universal background checks law passed by the Democratic-controlled Colorado General Assembly in 2013 is that additional laws to regulate access to guns are unnecessary–and that if the government would simply focus on the enforcement of “existing laws,” we could reduce gun violence without placing onerous burdens on “law-abiding citizens.”

Well, as the Boulder Daily Camera’s Mitchell Byars reports, Boulder County DA Stan Garnett is doing just that–but surprisingly (or not), the gun lobby doesn’t seem to be very happy about it.

Boulder County District Attorney Stan Garnett is hoping to cut down on gun violence by putting more emphasis on prosecuting laws that prohibit people from applying for guns when they know they aren’t supposed to have them.

The Colorado Legislature passed a series of gun laws in 2013, including one that now requires universal backgound checks for potential gun buyers. But another part of that law makes it a crime to even apply for a background check for people who know they are not qualified to own a gun, and Garnett said that part of the law needs to be a point of emphasis…

Violating that statute is a Class 1 misdemeanor, which is punishable by up to 18 months in jail and a $5,000 fine.

Garnett said he has already about six cases of people unlawfully trying to buy firearms in Boulder County, but he said its a law that many other districts — especially those who were against the gun restrictions in 2013 — are not very strict about enforcing. [Pols emphasis]

It’s been the case ever since background checks for most gun purchases became nationwide law that many thousands of people fail the checks and are denied gun purchases every year. Unfortunately, enforcement of that provision beyond denial of the gun purchase itself is far from consistent. Gun rights supporters routinely complain that no one is prosecuting the significant numbers of prohibited persons who attempt to buy guns, so part of the 2013 background check law prescribed specific penalties for those who attempt to buy a gun when knowingly ineligible.

In short, DA Garnett is doing exactly what the gun lobby says we should be doing–enforcing existing law. It’s been illegal for many years to attempt to buy a gun with prohibiting factors on your record, to include any kind of active arrest warrant. Obviously, a police officer in the position of having to arrest a wanted suspect doesn’t want said suspect to be able to buy a gun, even if the warrant is for a speeding ticket.

You’d think this would make the gun lobby happy! But you’d be wrong:

Boulder DA Stan Garnett says he will crack down on Colorado’s gun laws already on the books and send people to jail who have unpaid traffic tickets and try to buy a gun…

So, it looks like if you run a red light, get a speeding ticket, or double-park in Boulder, then you’re going to jail for trying to buy a gun.

Yes, that’s exactly right. If you have an arrest warrant and you try to buy a gun in Boulder County, Boulder County DA Stan Garnett says he’s going to prosecute you. Because that’s what the law says he needs to do. And that’s what the NRA says he needs to do–“enforce the laws already on the books.” Clearly, not every case will result in a conviction, but the simple act of enforcement of this law has no downside. Everybody ought to be happy to see it.

And that makes the complaints from gun rights usual suspects look very strange indeed.