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Disarmed in Aurora by PD

Red Dawg

Regular Member
Joined
Dec 29, 2010
Messages
399
Location
Eastern VA, with too many people
From a Colorado OC'er


I was in walmart doing some shopping. When I left and turned the corner just outside the door. 6 LEO's grabbed my arms before I even knew what was going on, and twisted my arms until they hurt, took my wallet, and disarmed me before they even said a word. They told me that I was freaking everyone out inside the store. One of the officers told me thankyou for OC'ing, but he others were not so nice. They didnt say much to me but that in that part of town the only ones that carry guns were gang members, and that I should get my concealed carry. They detained me for just under 8 minutes or so, while they run my id, and looked at my 1911. They handed my 1911 back to me and hesitated to give me my magazine back, and told me to wait until I got back to my car to load it again.

he is asking for recommendations for a good lawyer. Can anyone help?
 

mark-in-texas

Regular Member
Joined
Aug 20, 2010
Messages
319
Location
Richmond, Tx
If happened as OP (grabbed & hurt w/o being told Police) that's assault. Since they were armed (even if weapons not used) that might even make it felony assault! Contact State Police/AG about pressing charges! :cuss:
 

Et2Brute

New member
Joined
Dec 13, 2012
Messages
6
Location
Colorado Springs, CO
"They didnt say much to me but that in that part of town the only ones that carry guns were gang members..."

Wow... of all the completely illogical and nonsensical statements I've heard, this one takes the cake. Gang members do not generally open carry. ESPECIALLY in respected establishments like department stores. Gang members rarely even purchase holsters for their guns.

I have friends and family in law enforcement and great respect for what they do, but whatever cop made this statement just lowered the public image for all LEOs. What an idiot.

This is very disappointing to read as I have carried, and will continue to carry, when I perform nighttime maintenance on the network at a branch office in a very bad part of Aurora. I usually try to conceal, but that's not always practical and I hate to think the local LEOs would be that ignorant and disrespectful if I should ever have an encounter.
 

rushcreek2

Regular Member
Joined
Jun 27, 2010
Messages
909
Location
Colorado Springs. CO
I wonder if the "SWAT Team" would have been summoned if RedDawg had been carrying an aerosol can of Berryman's carburetor cleaner with an attached BIC lighter ?????????????..........Hmmmm......

www.denver.cbs.com

If the link doesn't work just google Denver news - regarding the home invasion with an aerosol dispenser filled GASOLINE last night.

This might be something for Governor Hickenlooper, and his anti cronies in Denver to also consider..............along with banning AR-15's.????? I thought AR-15's were already illegal in Denver.

Must also ban all flint rocks, carrying TWO pieces of steel at the same time, etc, etc...............
 
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Anubis

Newbie
Joined
Sep 16, 2006
Messages
451
Location
Arapahoe County CO, ,
welcome to the police state

I have read of previous OC-APD encounters where the LEOs actions conform to a seeming departmental policy of verbally discouraging the practice of OC, but without the grabbing. The new improved policy does seem in line with that recent incident where the APD cuffed about 40 citizens at an intersection to trap a bank robber.

(You probably already are familiar with that event. If not see http://abcnews.go.com/blogs/headlin...lt-at-intersection-in-search-for-bank-robber/ ).
 
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Gunslinger

Regular Member
Joined
Mar 6, 2008
Messages
3,853
Location
Free, Colorado, USA
From a Colorado OC'er


I was in walmart doing some shopping. When I left and turned the corner just outside the door. 6 LEO's grabbed my arms before I even knew what was going on, and twisted my arms until they hurt, took my wallet, and disarmed me before they even said a word. They told me that I was freaking everyone out inside the store. One of the officers told me thankyou for OC'ing, but he others were not so nice. They didnt say much to me but that in that part of town the only ones that carry guns were gang members, and that I should get my concealed carry. They detained me for just under 8 minutes or so, while they run my id, and looked at my 1911. They handed my 1911 back to me and hesitated to give me my magazine back, and told me to wait until I got back to my car to load it again.

he is asking for recommendations for a good lawyer. Can anyone help?

False arrest and battery. No RAS. Check with CO Bar Association for a list of attorneys. The Aurora cops are thugs who think they're above the law. Here is your chance to show them they are not.
 

Saxxon

Regular Member
Joined
Aug 3, 2012
Messages
222
Location
Northglenn, Colorado
Attorneys

You can also get a referral from the NRA or RMGO to firearms attorneys. There is one in Denver that specializes in exactly this sort of thing.
 

Gray Rider

New member
Joined
Feb 20, 2009
Messages
80
Location
, ,
2A attorneys

Colorado Springs

Allen C. Gasper

719-227-7779





Colorado Springs

Stephen D. Benson

719-475-0709


If it occurred as stated you have a lot to work with.
 

Vader33

Regular Member
Joined
Jan 1, 2013
Messages
65
Location
Littleton, CO
From City of Aurora, CO Municipal Code:

Sec. 94-152. - Firearms on private property.

(a)
It shall be unlawful for any person, carrying a firearm, to enter or remain upon any private property of another or any building or property of a commercial establishment when such property, building, or establishment is posted with notification that the carrying of firearms is prohibited.
(b)
It shall be unlawful for any person, carrying a firearm, to remain upon any private property of another or any building or property of a commercial establishment after such person has been given verbal notice that the carrying of firearms is prohibited on such property, building, or establishment.
(c)
Possession of a permit issued pursuant to C.R.S. 18-12-105.1, as it existed prior to repeal, or possession of a permit or temporary emergency permit issued pursuant to pt. 2 of art. 18 of tit. 9 of the Colorado Revised Statutes shall be no defense to a violation of this section.
(Ord. No. 2003-56, § 3, 9-8-2003; Ord. No. 2010-24, § 7, 7-12-2010)
Editor's note—
Ord. No. 2003-56, § 3, adopted Sept. 8, 2003, repealed and reenacted the former § 94-152, and enacted a new § 94-152 as set out herein. The former § 94-152 pertained to possession of firearm by juvenile and derived from Code 1979, § 27-121.

Unless Wal-Mart has a signed posted "No Firearms," you have a case against Aurora PD. Open carry in Aurora is legal. Refer to Sections 94-141 through 94-154 for the laws in Aurora pertaining to firearms.
 

Vader33

Regular Member
Joined
Jan 1, 2013
Messages
65
Location
Littleton, CO
Even if the place were posted, the story made no mention of the OCer's being asked to leave before he walked into the ambush.

Well if there's no sign, there's no need to be asked to leave. If there's a sign, that's technically and legally warning enough. According to Aurora Municipal Code anyway.
 
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Beau

Regular Member
Joined
Dec 6, 2007
Messages
672
Location
East of Aurora, Colorado, USA
Well if there's no sign, there's no need to be asked to leave. If there's a sign, that's technically and legally warning enough. According to Aurora Municipal Code anyway.


IANAL but isn't Aurora's code unenforceable? Does not state preemption make the following invalid?
(a)
It shall be unlawful for any person, carrying a firearm, to enter or remain upon any private property of another or any building or property of a commercial establishment when such property, building, or establishment is posted with notification that the carrying of firearms is prohibited.

 

Mike

Site Co-Founder
Joined
May 13, 2006
Messages
8,706
Location
Fairfax County, Virginia, USA
Seek an attorney to sue the police for violations of your 4th and 2d amendment rights under 42 USC 1983 on a CONTINGENT basis - sounds like you were seized and search without the required reasonable suspicion, and probable cause respectively. Try lawyer referral services - the state bar may offer these.
 

Vader33

Regular Member
Joined
Jan 1, 2013
Messages
65
Location
Littleton, CO
IANAL but isn't Aurora's code unenforceable? Does not state preemption make the following invalid?
(a)
It shall be unlawful for any person, carrying a firearm, to enter or remain upon any private property of another or any building or property of a commercial establishment when such property, building, or establishment is posted with notification that the carrying of firearms is prohibited.


This might be a grey area. I was always under the presumption that a municipality could always add to, not take away from, state laws. Just as the states do in regards to federal laws.

I really wish we had an attorney on the boards who was versed in this sort of thing. What's the point in local laws if the state law trumps all of them?
 
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Beau

Regular Member
Joined
Dec 6, 2007
Messages
672
Location
East of Aurora, Colorado, USA
This might be a grey area. I was always under the presumption that a municipality could always add to, not take away from, state laws. Just as the states do in regards to federal laws.

I really wish we had an attorney on the boards who was versed in this sort of thing. What's the point in local laws if the state law trumps all of them?

It's the other way around. State law trumps local law. Municipalities can only make laws equal to or less than what state law is.

Denver is the exception as they have challenged the state in certain areas and for the time being get away with some things, such as their current enforceable ban on OC.
 

Saxxon

Regular Member
Joined
Aug 3, 2012
Messages
222
Location
Northglenn, Colorado
Denver's OC ban is only enforceable to the extent that someone who is charged under it can challenge it up to the SC and perhaps get a real decision. They deadlocked last time meaning it is still an open issue.
 

Beau

Regular Member
Joined
Dec 6, 2007
Messages
672
Location
East of Aurora, Colorado, USA
Denver's OC ban is only enforceable to the extent that someone who is charged under it can challenge it up to the SC and perhaps get a real decision. They deadlocked last time meaning it is still an open issue.

I would contribute to a defense fund for someone willing to challenge.

Sent from my DROIDX using Tapatalk 2
 
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