Posted: 5/12/2008 11:37:58 AM EDT
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Original Post I made this post in the General/Legal forum, but it was suggestion that I post a link in CO HTF. Cliffs notes: I'm a CU student, CUPD seized 3 pistols, and a bunch of other gear from my apartment. Charged me with "Unlawful Conduct on Public Property". I'm looking for guidance/help. Thanks. |
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Edited: I failed to note the OP's link when I posted my questions. Please see my detailed comments on that link. Basically, he's screwed because he violated both the CU lease agreement and Colorado State Statute 18-12-105.5. Both prohibit deadly weapons on college property. |
| More information would be helpful. How did the police find your weapons? Did you consent to a search? Family housing I believe is CU run so I am not sure who wins in a state law vs. campus regulation situation. With just the info you have provided I would say that fighting it would be the way to go. Of course this isn't cheap. Perhaps if you are a Colorado native it might be worth a shot talking to a State Rep; If you are in a red county. Also call the NRA, Colorado State Shooting Association, and Rocky Mountain Gun Owners. When I was at Boulder I think they stated in their regulations that firearms had to be stored with Campus Police. You likely are right in that you did nothing wrong in having the weapons in your abode under state law. But I am guessing no Campus administrator or Boulder ADA is going to risk their careers by actually following the correct law and allowing possession after Virginia Tech. and Columbine. If you can't afford a lawyer start hitting up the various legal aid societies. Maybe even the ACLU would be worth a shot. Also, though in my experience public defenders tend to be not that great....in Boulder you might get lucky. Lots of highly intelligent hippies go into the PD field there, so it might be worth a shot if your case is as clear cut as you state. Also pull up all the firearms cases on Lexus Nexus, Westlaw or Google that took place in Colorado in the last 10 or 15 years challenging weapons laws. Look who the Attorney(s) were/was and who was challenging them...often it might be an organization that might help you. Also don't trust what the DA says. He is your opponent in all of this. Your lawyer should have told you that. You are in a tough situation and I am sorry for you. But if there is any way you can fight this you should, I would. |
Yes and no because one of the affirmative defenses is if it is your place of residence. |