Those Who Don't Qualify To Buy A Gun Better Not Try In Boulder County

By Lauren DiSpirito

BOULDER, Colo. (CBS4) - Boulder County District Attorney Stan Garnett says he's cracking down on people who try to buy guns that know they legally are not allowed to own one.

The move is one of his goals for better enforcing already existing gun laws in the new year. In Colorado it's illegal to fill out the application and submit information for a background check knowing you do not qualify to own a gun.

The violation is a Class 1 misdemeanor that carries possible penalties of up to 18 months in jail and up to a $5,000 fine. Garnett said the offense carries serious consequences for public safety and that it is important to track and prosecute such crimes.

(credit: CBS)

"If you have somebody who knows they don't qualify for a weapon and they're going in repeatedly trying to get one, that may be a particularly dangerous person," Garnett said. "I don't think we're seeing an uptick, but we're seeing enough to cause me some concern."

Garnett says the push toward greater enforcement is not a political move. Rather, he said Monday the idea came out of a staff meeting last month in which his office looked at areas where they can do better. Currently his office is prosecuting nearly a dozen cases in which defendants are accused of knowingly trying to obtain guns when they should not be, or falsifying information for a background check. When those individuals fail their background checks and are denied the right to purchase certain firearms, Garnett says law enforcement does not always know about it.

"There seems to be a breakdown in communication between CBI and local police and we're going to focus on that," Garnett said.

At Grandpa's Pawn and Gun on 9th Avenue in Longmont, owner Rod Brandenburg says he supports Garnett's plan. While the current system does not necessarily inform store employees of why a person fails their background check and is denied the sale, he does see people who he says try to slip through the cracks by falsifying information on the forms.

"I certainly would promote law enforcement getting rougher on these guys," Brandenburg said. "We have seen many incidents where they have tried to buy a gun and they know darn good and well that they can't pass a background check."

Garnett says he also plans to increase awareness of laws prohibiting people with domestic violence protection orders against them from possessing firearms.

Lauren DiSpirito is CBS4's Northern Newsroom reporter. Follow her on Twitter @CBS4Lauren. Share your story ideas with her here.

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