Straw Purchase

[Ronhart]

Went to a gun show to sell some personal guns - I am not a licensed firearms dealer. Sold a shotgun to a young adult. Legal gun, legal sale. Young adult gives or sells shotgun to a minor teenager. Teenager committs mayhem and murder, then suicide with shotgun. Victims sue me for million$. Allege I illegally sold a shotgun to a minor. Allege I made a "straw sale", that I knew teenager was actual purchaser of shotgun. My insurance company panics and settles lawsuits. I now find out there is no law that prohibits PRIVATE sale of shotguns to minors, there is no legal definition of a "straw sale, "straw purchase" only applies to licensed firearms dealers. Plaintiff's attorneys misrepresented the law. Extorted money from my insurance company. Yes, I am positive there are no laws. . . I checked with BATF. How do I file criminal charges against plaintiff's attorneys.

 

[stephenk]

what criminal charges do you want to file?


how much did your insurance carrier pay to settle your case? were you ever represented by an attorney? if yes, did you attorney explain why the case settled?

at the gun show where you sold the gun to the young adult, was the minor with that person? if yes, did the minor participate in discussing the sale with you, details on the gun, etc.?

 

[Ronhart]

what criminal charges do you want to file?
Extortion - misrepresentation of the law.

how much did your insurance carrier pay to settle your case?
This is confidential and I cannot reveal this information.

were you ever represented by an attorney?
Yes.

if yes, did you attorney explain why the case settled?
Insurance company felt that going forward would have cost over six figures in legal fees and costs plus they had reservations about my chances of winning with a jury even though they knew I was innocent. There were many false allegations made against me and they felt it would be a lengthy trial disproving the lies. They called it "assessed risk." I did not agree, but they were paying the bills.

at the gun show where you sold the gun to the young adult, was the minor with that person?
Based on statements by the adult, I suspect he might have been in the area, but I never met or talked with him.

if yes, did the minor participate in discussing the sale with you, details on the gun, etc.?
No.

The point is, however, according to BATF, I could have sold the shotgun directly to the minor and still have not violated any laws.
BATF and local authorities did a detailed investigation, but the adult purchaser nor I were never criminally charged.

 

[stephenk]

Does Colorado state law allow a minor to purchase a handgun and/or shotgun?

You cant sue for extortion since you paid nothing. your insurance company settled with the other party. if your carrier felt the plaintiff was trying to extort money they would not have paid the claim.

 

[Ronhart]

Q. Does Colorado state law allow a minor to purchase a handgun and/or shotgun?

A. Federal and Colorado statutes prohibit the sale of handguns to minors, but are silent on the private sale of shotguns and rifles.

You cant sue for extortion since you paid nothing. your insurance company settled with the other party. if your carrier felt the plaintiff was trying to extort money they would not have paid the claim.

I don't want to sue (yet) - I want to file criminal charges.

Colorado law assumes all allegations to be true unless proven to be untrue by a jury. The plaintiff's attorneys misrepresented the law to the the mediation judge, me, my attorneys and my insurance representatives. My insurance representatives had to consider the costs involved in going through the deposition and trial phases.

Attorneys are officers of the court and are required to be truthful in all allegations. While some allegations are subjective and subject to "interpretation", statements of law are, for the most part, black and white. The laws are quite clear on this issue by the fact that it is not addressed in either Federal or state law. How can one be accused of violating laws that do not exist and then be sued for being negligent in violating those non-existent laws??

To mistate a law is a violation of the Attorney's Code of Ethics and the Colorado Rules of Professional Conduct (C.R.P.C.), which is enforceable by the State Supreme Court. The plaintiffs' attorneys did not bargain in good faith nor conduct themselves in accordance with the C.R.C.P.

I have gone through hell for years with these false accusations. My family and I have suffered the humiliation of seeing me being demonized and slandered in the newspapers. I can't believe innocent people can be falsely accused of violating non-existent laws and have to spend tens of thousands of dollars to defend themselves against these unscrupulous attorneys.

If I can't criminally charge them with extortion or attempted extortion, then what can I legally charge them with?

I'm open to any reasonable suggestions. . . . .

 

[stephenk]

I found this in the Colorado Criminal Codes. Under subsection 3 doesn't it make it illegal to sell a rifle/shotgun to a minor or even let the minor hold the gun without the permission of the minor's parent or guardian?



"18-12-108.7. Unlawfully providing or permitting a juvenile to possess a handgun - penalty - unlawfully providing a firearm other than a handgun to a juvenile - penalty.
Statute text
(1) (a) Any person who intentionally, knowingly, or recklessly provides a handgun with or without remuneration to any person under the age of eighteen years in violation of section 18-12-108.5 or any person who knows of such juvenile's conduct which violates section 18-12-108.5 and fails to make reasonable efforts to prevent such violation commits the crime of unlawfully providing a handgun to a juvenile or permitting a juvenile to possess a handgun.

(b) Unlawfully providing a handgun to a juvenile or permitting a juvenile to possess a handgun in violation of this subsection (1) is a class 4 felony.

(2) (a) Any person who intentionally, knowingly, or recklessly provides a handgun to a juvenile or permits a juvenile to possess a handgun, even though such person is aware of a substantial risk that such juvenile will use a handgun to commit a felony offense, or who, being aware of such substantial risk, fails to make reasonable efforts to prevent the commission of the offense, commits the crime of unlawfully providing or permitting a juvenile to possess a handgun. A person shall be deemed to have violated this paragraph (a) if such person provides a handgun to or permits the possession of a handgun by any juvenile who has been convicted of a crime of violence, as defined in section 18-1.3-406, or any juvenile who has been adjudicated a juvenile delinquent for an offense which would constitute a crime of violence, as defined in section 18-1.3-406, if such juvenile were an adult.

(b) Unlawfully providing a handgun to a juvenile or permitting a juvenile to possess a handgun in violation of this subsection (2) is a class 4 felony.

(3) With regard to firearms other than handguns, no person shall sell, rent, or transfer ownership or allow unsupervised possession of a firearm with or without remuneration to any juvenile without the consent of the juvenile's parent or legal guardian. Unlawfully providing a firearm other than a handgun to a juvenile in violation of this subsection (3) is a class 1 misdemeanor.

(4) It shall not be an offense under this section if a person believes that a juvenile will physically harm the person if the person attempts to disarm the juvenile or prevent the juvenile from committing a violation of section 18-12-108.5.

History
Source: L. 93, 1st Ex. Sess.: Entire section added, p. 3, § 2, effective September 13. L. 2000: Entire section amended, p. 642, § 1, effective July 1; (3) added, p. 641, § 1, effective July 1. L. 2002: (2)(a) amended, p. 1518, § 209, effective October 1.

Annotations
Editor's note: Amendments to this section by House Bill 00-1247 and House Bill 00-1243 were harmonized by renumbering (3) from House Bill 00-1247 as (4).

Annotations
Cross references: For the legislative declaration contained in the 2002 act amending subsection (2)(a), see section 1 of chapter 318, Session Laws of Colorado 2002.

 

[Ronhart]

That brings up an interesting point. The adult purchaser admitted to buying the gun for the teenager, yet was never criminally charged - nor was I.

In my case I sold it to the adult with no knowledge it was for the teenager. If anyone violated the law, it was the adult purchaser.

In alleging I violated the law, the plaintiff's attorneys quoted 18 USC 922, yet there are no references in 922 about private sales to juveniles except for handguns.

If the adult purchaser admitted to the purchase and wasn't charged, it would seem that even if they could somehow "prove" I sold the shotgun to a minor, they would have a difficult time getting a conviction.

Now I wonder why the adult purchaser wasn't charged ??

 

[Ronhart]

StephenK:

Just noticed something in your reference. In the History, if I am reading this right, it is noted that section (3) became effective in July 2002. The shotgun sale took place prior to this date, so this rule should not apply. (?)

"18-12-108.7. Unlawfully providing or permitting a juvenile to possess a handgun - penalty - unlawfully providing a firearm other than a handgun to a juvenile - penalty.
Statute text

(3) With regard to firearms other than handguns, no person shall sell, rent, or transfer ownership or allow unsupervised possession of a firearm with or without remuneration to any juvenile without the consent of the juvenile's parent or legal guardian. Unlawfully providing a firearm other than a handgun to a juvenile in violation of this subsection (3) is a class 1 misdemeanor.


History
Source: L. 93, 1st Ex. Sess.: Entire section added, p. 3, § 2, effective September 13. L. 2000: Entire section amended, p. 642, § 1, effective July 1; (3) added, p. 641, § 1, effective July 1. L. 2002: (2)(a) amended, p. 1518, § 209, effective October 1.

 

[stephenk]

i dont have access to Colorado statutes history. you should go to a law library and look up the statute history. the librarian should be able to help you find earlier versions of the statute and determine if section 3 was in effect at the time of the incident.

regarding the federal code the plaintiff's attorney cited, there may be federal case law that interpreted that code to also include rifles/shotguns.


how long ago did the case settle?

 

[Ronhart]

Section 3 history. . . I am certain this a new law with no precedent. It was put before the voters last year as amendment 26.

Regarding federal code the plaintiff's attorney cited . . . . . I printed the complete law and studied every line of it. I talked to the Batf's Chief Legal Counsel in Washington DC and they said I violated no federal laws. They were a little taken back when they discovered there were no federal laws that prohibit the PRIVATE sale of a shotgun to a minor, but they were honest with me and said I was on solid ground. (Probably won't be long before that law changes!)

How long ago did the case settle?

Within the past 6 months.

I'm still looking for some advice on how to proceed with legal action against the plaintiff's attorneys. I am certain I have enough on them to put them out of business.

 

[stephenk]

You dont have any grounds to file criminal or civil charges against the plaintiff's attorney. he made an argument on behalf of his clients. your insurance company decided to settle. if they settled based on a mistaken belief that plaintiff's argument was valid, that is not extortion. you were represented by an attorney. if you believed the insurance provided attorney was going down the wrong path you had the option of hiring your own attorney to point everyone in the right direction.

sorry, i think you will just be throwing money away for nothing.

 

[HomeGuru]

And I concur.

 

[Ronhart]

I respectfully disagree - and so does a friend of mine - a retired USAF JAG officer.

If you have time, please go to www.coloradosupremecourt.com and read the Colorado Rules of Professional Conduct (CRPC) in the Attorney Regulation section.

I am preparing complaints against at least 5 attorneys who conspired against me, made false accusations and quoted laws (which don't exist) that I supposedly violated (like a "straw sale" - no such thing), then threatened me with criminal prosecution if my insurance company didn't give into their demands to settle.

Besides being grossly stupid (that's not covered in the CRPC), I have found at least 7 rules they have violated. If I get convictions of unethical conduct on only one or two of these complaints, next step is to bring all of this to the DA and go for criminal charges

In Colorado, an attorney is an officer of the court and is required to be truthful in his relations with clients, judges and other parties. Accusing people of violating non-existent laws and then suing them is not being very truthful, is it?

As far as lawsuits. . . as my lawyers said, any body can sue anybody for anything at any time.

Do you think these attorneys want to face a jury as defendants?

It will take time, but I'm going to find out.