New Lost or Stolen Gun Reporting Requirement Gives Criminals a Pass

Bill proponents signal all the “right” (left) “virtues,” and falsely promise “This bill will save lives.” (Senator Sonya Jaquez Lewis Colorado Senate District 17/Facebook)

U.S.A. – -(Ammoland.com)- “The Isabella Joy Thallas Act, a gun control measure requiring gun owners to report lost or stolen firearms to law enforcement within five days of realizing that they’re missing, goes into effect Tuesday,” Denver NBC affiliate KUSC 9News reports. “SB21-078 was signed into law by Gov. Jared Polis in April, and through an amendment, the bill was renamed as the “Isabella Joy Thallas Act” in honor of the woman who was murdered on June 10, 2020, while she and her boyfriend were walking their dog outside of their apartment in Denver’s Ballpark neighborhood.”

One glaring problem is there are still question about if the gun used in the murder, described by the media as a “high-powered semi-automatic rifle … AK-47-style rifle” was really lost or stolen. It belonged to Denver police sergeant Dan Politica, who only reported his gun “missing” after the murder. He subsequently resigned. And as Westword documented in May, the story gets even sketchier.

It turns out the accused murderer, who has entered “a not-guilty-by-reason-of-insanity plea,” was “allegedly friends” with Politica. He has not been charged with stealing the gun. An attorney for the boyfriend says the firearm used “is illegal in Denver.”

Politica himself has some colorful marks on his record, including claiming he saw a gun in a police beating case where the city ended up paying the victim $975,000, being suspended “after he engaged in a drunken fight with a LoDo street performer,” and allegedly harassing and threatening a man on social media. He has lawyered up now and won’t say anything about the gun.

An ”Only One” loses track of an allegedly “illegal” firearm and the response by Colorado Democrats is to punish everyday citizens who had nothing to do with this mess by enacting a new and intrusive edict that will penalize them for failure to comply. But here’s the thing: If the “AK” really was “illegal,” it’s doubtful that reporting its loss or theft could be compelled.

In 1968’s Haynes v. United States, the Supreme Court ruled (properly, if you think about it) the Fifth Amendment ensures that those prohibited from possessing firearms may not be compelled to register them because that would be forced self-incrimination.

Following that principle, if the gun was illegal, requiring Sgt. Politica to report it would have required him to admit to possessing it. So why wouldn’t the same “self-incrimination” pass be applied for all the hard-core “prohibited person” criminals out there who “lose” guns (sometimes intentionally, when there’s no “No Questions Asked” gun “buyback” to fence them at) or have them stolen by their “colleagues”?

Besides, it’s not like they legally “own” them.

Still, don’t we want people reporting lost or stolen guns? That depends. I can see cases where, of course, you would want to, particularly to try to get your property back, to make sure you’re in the clear from later abuses, and as corroboration for insurance claims.

I can also see cases when doing so might work against gun owner interests, particularly if they are “I will not comply” advocates, like me, a self-admitted unindicted “gun criminal.” When I was living in California and they passed an edict requiring gun owners to register their “assault weapons,” I refused. Had that then been stolen afterward, I’d have had to think about confessing to my “crime” by reporting it (especially if later recovered). And that illustrates yet another way that having such infringements under the guise of “commonsense gun safety” can instead discourage compliance and contribute to further endangerment of the public.

Such an edict will stop no violence and save no lives, negating the core “promise” of the swindle. Per a Rand study on “Gun Policy in America“:

“We found no qualifying studies showing that lost or stolen firearm reporting requirements [increased/decreased] any of the eight outcomes we investigated.”

As usual, the only people who will see their liabilities and risks go up will be those who don’t target and victimize their fellow citizens.


About David Codrea:

David Codrea is the winner of multiple journalist awards for investigating/defending the RKBA and a long-time gun owner rights advocate who defiantly challenges the folly of citizen disarmament. He blogs at “The War on Guns: Notes from the Resistance,” is a regularly featured contributor to Firearms News, and posts on Twitter: @dcodrea and Facebook.

David Codrea

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Roland T. Gunner
Roland T. Gunner
18 days ago

Now that is one homely Earth mother.

DIYinSTL
DIYinSTL
2 months ago

I still say not “illegal” but “illegally owned,” Is there any weapon, outside of chemical (other than teargas), biological, radiological, or nuclear, that State and local governments cannot legally own? Is there any weapon whatsoever that the Federal government cannot legally own? Maybe biological. Maybe.

hippybiker
hippybiker
2 months ago

Laundering money for drug dealers is no future!

hippybiker
hippybiker
2 months ago

Looks like what it I s. A poster for the liberal loonies!

JPM
JPM
2 months ago

Looking at who (what) their poster “child” is tells me all I need to know.

Country Boy
Country Boy
2 months ago

How much of that $87 an hour do you have to give to your Pimp?

lynnard
lynnard
2 months ago

people that have murdered a generation back her,[planned parenthood] just another unconstitutional law

nrringlee
nrringlee
2 months ago

Moderators, please get this trash and these trash slingers off of the boards. Thank you

macdog
macdog
2 months ago
Reply to  nrringlee

Agreed !

Country Boy
Country Boy
2 months ago
Reply to  nrringlee

I second that motion with an AYE!

nrringlee
nrringlee
2 months ago

New Left Progressive fallacy: The State can control criminal behavior by controlling material objects. Evidence of failure: Denver, Chicago, LA, Seattle, Portland, DC, Baltimore………………………….War on Drugs.

It appears to me that Ms Lewis would be much happier in Cuba. Or better yet, her district would be much happier in Cuba.

macdog
macdog
2 months ago
Reply to  nrringlee

Yes we would. Cuba or Venezuela. Maybe they have job opening for concubina. I am sure we can get some funding together for one way tickets for sonya and our POS governor..

RicktheBear
RicktheBear
2 months ago

I had trouble getting past her poster.

FPV02
FPV02
2 months ago

The reason leftists want mandatory reporting of stolen guns is that they know when the turn NICS into the gun registry they have long sought, and then ban this or that gun, large numbers will be “stolen” or “lost.” By having this law on the books, that now becomes a chargeable offense.

Tionico
Tionico
2 months ago
Reply to  FPV02

getting the data on every gun they can is the goal, right? But there is one problem: if Bob has The Gun, and that is on the database, unless there is a mandatory reporting of all transfers , or something like the Title documents we have on cars, there will be no positive way of updating the database when I sell something to a pawnshop or on gunbroker/ The chain of title” as we have with cars will be broken. “Oh, THAT old gun? I put that on GunBroker a few years ago, shipped it ot the address I was… Read more »

gregs
gregs
2 months ago

progressives/leftists cannot be that stupid to think that these laws would actually do any good for society. these laws are meant to punish law-abiding citizens for acts of criminals. their virtual signaling is rather pathetic. they can only lie or distort the truth, but never tell the truth, because if they did they would not get any support. these people are EVIL. they are the new slave owners and they were the old slave owners, who tell their slaves what to do and punish them for not doing so. no one has the moral authority to tell another what to… Read more »

nrringlee
nrringlee
2 months ago
Reply to  gregs

There is a difference between stupid and delusional. Most adherents to Progressive New Left ideology are delusional. Their premises are incorrect hence their conclusions are flawed. That is the source of our current mass hysteria as a nation.

Parabellum
Parabellum
2 months ago
Reply to  gregs

You presume the aim of the left is to “do any good for society.”

This law does exactly as intended, remove from law-abiding citizens the means to stand up to an overweening government.

Grigori
Grigori
2 months ago

.

Last edited 2 months ago by Grigori