The Gun Counter

According to some news articles that I found, the shooter in Colorado had a history of at least one violent assault. According to the affidavit, he was beating someone else down pretty good. Think Trayvon Martin style. I think that the Boulder DA could have gotten a felony conviction out of that but probably pled it down to a misdemeanor. I'm not sure why, but it seems similar to the Parkland shooting. A member of a preferred victim group got a crime that should have been a felony or barred him from the purchase of a firearm got it either ignored or dealt with inappropriately by the authorities. Then he went on a shooting rampage. Now the usual ghouls want gun control because reasons.

He's a member of a preferred victim group so of course he gets the get out of jail free card.

Apparently he beat someone in school pretty good as an adult. The state apparently charged him with a misdemeanor.

This is 18-3-203(g) of the Colorado Revised Statutes:

With intent to cause bodily injury to another person, he or she causes serious bodily injury to that person or another;

This is from 18-1-901(p) and defines "serious bodily injury:" "Serious bodily injury" means bodily injury which, either at the time of the actual injury or at a later time, involves a substantial risk of death, a substantial risk of serious permanent disfigurement, a substantial risk of protracted loss or impairment of the function of any part or organ of the body, or breaks, fractures, or burns of the second or third degree.

"He was convicted of third degree assault (misdemeanor) in 2017 that is punishable by up to 2 years in prison. This should have been caught in the CBI background check. Reference: Question 11.c on ATF form 4473"

Posted (supposedly - online so who knows) by an FFL in Colorado relative to the shooter. If true, this is a repeat of the SC church attacker, who also should have been flagged but was not because the state did not upload the data.

Vonz90 wrote: ↑Wed Mar 24, 2021 1:14 am "He was convicted of third degree assault (misdemeanor) in 2017 that is punishable by up to 2 years in prison. This should have been caught in the CBI background check. Reference: Question 11.c on ATF form 4473"

https://caselaw.findlaw.com/us-10th-cir ... 47479.html

On May 4, 2004, a two-count indictment was filed in the United States District Court for the District of Colorado, charging Mr. Krejcarek in Count 1 with possession of a firearm by a restrained and prohibited person, in violation of 18 U.S.C. § 922(g)(1), and in Count 2 with possession of an unregistered short-barreled shotgun in violation of 26 U.S.C. § 5861.

I found another US Supreme Court Case about that law.

In the instant case, Mr. Krejcarek was twice convicted of third degree assault in violation of 18-3-204, Colorado Revised Statutes, which provides in pertinent part, “a person commits the crime of assault in the third degree if he knowingly or recklessly causes bodily injury to another person․” Bodily injury is defined in the Colorado Criminal Code as “physical pain, illness, or any impairment of physical or mental condition.”   Colo.Rev.Stat. § 18-1-901.   According to the Colorado Supreme Court, the statutory definition of bodily injury encompasses any non-trifling injury that involves “at least some physical pain, illness or physical or mental impairment, however slight ․” People v. Hines, 572 P.2d 467, 470, 194 Colo. 284 (1978) (en banc).

It was interesting to watch the evolving narrative from the left, immediately after the shooting, when the MSM & co discovered he was not "an angry white dude"...........

Turns out he is a Muslim Syrian refugee, who came over with his parents when he was a child. He was reportedly bullied to some level in HS, he has an explosive temper, his family took his gun away several days before the shooting but he got it back somehow. And the FBI has him on one of their lists.

Vonz90 wrote: ↑Wed Mar 24, 2021 1:14 am "He was convicted of third degree assault (misdemeanor) in 2017 that is punishable by up to 2 years in prison. This should have been caught in the CBI background check. Reference: Question 11.c on ATF form 4473"

I can 100% confirm the veracity of this, now.

There is only one misdemeanor assault in Colorado. That's 18-3-204. It's punishable by up to 24 months of incarceration.

So, he never should have passed the CBI background check.

https://www.colorado.gov/pacific/sites/ ... 0INTRO.pdf

Vonz90 wrote: ↑Wed Mar 24, 2021 1:14 am "He was convicted of third degree assault (misdemeanor) in 2017 that is punishable by up to 2 years in prison. This should have been caught in the CBI background check. Reference: Question 11.c on ATF form 4473"

Posted (supposedly - online so who knows) by an FFL in Colorado relative to the shooter. If true, this is a repeat of the SC church attacker, who also should have been flagged but was not because the state did not upload the data.

If he was convicted, that should be a public record, but all counties/states are not created equal when it comes to making that information available online.

Oh, and to add to the litany of mass shooters who were able to purchase guns from an FFL despite disqualifying convictions - the Texas church shooter, whose court martial conviction for beating his kid (domestic violence) wasn't properly reported by the USAF.

I've seen some debate about whether or not he was prohibited, but that Supreme Court case I linked has someone charged with violating 922(g)(1) for the Colorado misdemeanor assault charge. That should have been a clue to the CBI...

I'm sure we can count on journalists to get all of the facts in this case and explain whether or not the authorities messed up. (I'm about as sure of that as that the sun will rise in the west and set in the east tomorrow.)