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Colorado sheriffs seek to overturn state's new gun laws (Suit Filed in Federal Court)
The Gazette ^ | May 17, 2013 | 1:05 pm | Megan Schrader

Posted on 05/17/2013 12:22:40 PM PDT by Red Steel

DENVER - County sheriffs from across Colorado are trying to bring down two gun control measures signed into law in March with a constitutional challenge filed Friday in U.S. District Court in Denver.

"Today represents a line in the sand," El Paso County Sheriff Terry Maketa said. "The filing of this lawsuit is our only option. We did not want this. We did not ask for this, but we will not stand by silently while good citizens are deprived of their rights and criminalized."

Maketa is one of 54 sheriffs challenging the constitutionality of the state's ban on high-capacity magazines and mandate that universal background checks be conducted on all gun sales, even between private individuals.

Those laws - HB 1224 and HB 1229 respectively - take effect in July and attorney David Kopel with the Independence Institute said the plaintiffs are considering asking for a temporary injunction to keep the laws from impacting gun owning Coloradans.

Attorney General John Suthers released a statement that his office has worked with law enforcement to clearly outline how the laws are to be implemented with regard to issues raised with the legislation. Suthers will be responsible for mounting the legal defense on behalf of the state.

"The objective of the Attorney General's Office will be to get court rulings on the legality of various aspects of the legislation as expeditiously as possible," Suthers said in a statement. "Colorado citizens, and law-abiding gun owners in particular, deserve such clarification."

The argument is most clear against the ban on the sale or possession of magazines that hold more than 15 bullets or eight shotgun shells.

Kopel said similar to handgun bans that were struck down by the U.S. Supreme Court in Chicago and Washington D.C., the ban on magazines overreaches a reasonable limit on the Second Amendment right to bear arms.

"What the Supreme Court said is you may not prohibit arms which are typically owned by law abiding persons for lawful purposes, so if you've got arms that are in that category, that includes magazines, that's the end of the case, in our view," Kopel said. "At the same time the court said you can ban things that are the opposite."

Kopel used the example of sawed off shotguns and machine guns that can only be owned with extremely tight permitting process.

"A pistol with a 17 round magazine is not some dangerous or unusual weapons that is only used by gangsters or terrorists or nuts," Kopel said. "It is a very good choice for a law abiding citizen for lawful protection."

Advocates of the law say it is a reasonable way to not only prevent gun homicides but also massacres such as the Aurora theater shooting last summer.

Democrats argued during the legislative session that high-capacity magazines are weapons of war that have no place in neighborhoods, on streets or in movie theatres.


TOPICS: Constitution/Conservatism; Crime/Corruption; Extended News; News/Current Events; US: Colorado
KEYWORDS: banglist; guncontrol; secondamendment

1 posted on 05/17/2013 12:22:40 PM PDT by Red Steel
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To: Red Steel

Yesss! My respect for CO Sheriffs has gone up measurably from their responses to this gun grabbing. I already considered them to be real good guys for the most part.


2 posted on 05/17/2013 12:27:54 PM PDT by TigersEye ("No man left behind" is more than an Army Ranger credo it's the character of America.)
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To: Red Steel

I’m pretty sure the sheriff of my county is one of those as he was one of the first to speak out against it. Weld County which is the area north and east of Boulder.


3 posted on 05/17/2013 12:29:36 PM PDT by conservativebabe
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To: Red Steel

A companion article.

“VIDEO: Colorado sheriffs suing over gun control measures”

http://gazette.com/video-colorado-sheriffs-suing-over-gun-control-measures/article/1500842


4 posted on 05/17/2013 12:32:37 PM PDT by Red Steel
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To: Red Steel

Onward brave Sheriffs!!!

Thank You!!!

IMHO


5 posted on 05/17/2013 12:34:21 PM PDT by ripley
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To: Red Steel
"What the Supreme Court said is you may not prohibit arms which are typically owned by law abiding persons for lawful purposes, so if you've got arms that are in that category, that includes magazines, that's the end of the case, in our view," Kopel said. "At the same time the court said you can ban things that are the opposite."

Right, US vs. Miller 1939.

6 posted on 05/17/2013 12:35:50 PM PDT by Red Steel
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To: Red Steel

We could use a few hundred of them in NYS as the majority of our LEOs would have been right at home the gestapo.


7 posted on 05/17/2013 12:57:06 PM PDT by Wurlitzer (Nothing says "ignorance" like Islam! 969)
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To: Wurlitzer

A successful federal suit in Colorado could lead to destroying some of those anti-2nd Amendment laws in the Eastern states.


8 posted on 05/17/2013 1:03:19 PM PDT by Red Steel
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To: Red Steel

“A successful federal suit in Colorado could lead to destroying some of those anti-2nd Amendment laws in the Eastern states.”


One can only hope you are correct!


9 posted on 05/17/2013 1:19:57 PM PDT by Wurlitzer (Nothing says "ignorance" like Islam! 969)
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To: Red Steel
There are 64 counties in Colorado and 54 Sheriffs that are part of the law-suit. 54/64 or 84% of Sheriffs are suing the out of control Colorado legislator. That's HUGE!

When the homo-crates like Tim Gill targeted their cash to turn Colorado blue, they forgot to buy the sheriffs. It seems that the law man still cares about things like authority, justice and laws. At this point in time my Sheriff, Makita of El Paso county, could eat a live puppy on TV and still be re-elected.

Denver will remain a cesspool of crime, but in my neck of the woods criminals are shot. So if you are a burglar or a rapist remember in Boulder and Denver you are treated as the holy victim of your plight in life, but in Colorado Springs you are doubly holy-- because of the entrance and exit holes.

10 posted on 05/17/2013 2:15:41 PM PDT by DaveyB (Our Constitution was made only for a moral and religious people. -John Adams)
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To: Red Steel

In light of the MANY IRS abuses being revealed this last week it’s clear that guns are needed to defend from an abusive government. That includes state governments, too.


11 posted on 05/17/2013 3:08:32 PM PDT by MeganC (You can take my gun when you can grab it with your cold, dead fingers.)
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To: conservativebabe
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

54 SHERIFFS:

JOHN B. COOKE, Sheriff of Weld County, Colorado;
TERRY MAKETA, Sheriff of El Paso County, Colorado;
JUSTIN SMITH, Sheriff of Larimer County, Colorado;
DAVID A. WEAVER, Sheriff of Douglas County, Colorado;
BRUCE W. HARTMAN, Sheriff of Gilpin County, Colorado;
KEN PUTNAM, Sheriff of Cheyenne County, Colorado;
DENNIS SPRUELL, Sheriff of Montezuma County, Colorado;
TIM JANTZ, Sheriff of Moffat County, Colorado;
JERRY MARTIN, Sheriff of Dolores County, Colorado;
MIKE ENSMINGER, Sheriff of Teller County, Colorado;
SHAYNE HEAP, Sheriff of Elbert County, Colorado;
CHAD DAY, Sheriff of Yuma County, Colorado;
FRED D. MCKEE, Sheriff of Delta County, Colorado;
LOU VALLARIO, Sheriff of Garfield County, Colorado;
FRED HOSSELKUS, Sheriff of Mineral County, Colorado;
BRETT L. POWELL, Sheriff of Logan County, Colorado;
JAMES FAULL, Sheriff of Prowers County, Colorado;
LARRY KUNTZ, Sheriff of Washington County, Colorado;
BRIAN E. NORTON, Sheriff of Rio Grande County, Colorado;
DUKE SCHIRARD, Sheriff of La Plata County, Colorado;
JIM BEICKER, Sheriff of Fremont County, Colorado;
RONALD BRUCE, Sheriff of Hinsdale County, Colorado;
CHRIS S. JOHNSON, Sheriff of Otero County, Colorado;
FRED JOBE, Sheriff of Custer County, Colorado;
DONALD KRUEGER, Sheriff of Clear Creek County, Colorado;
JAMES CRONE, Sheriff of Morgan County, Colorado;
SI WOODRUFF, Sheriff of Rio Blanco County, Colorado;
TOM RIDNOUR, Sheriff of Kit Carson County, Colorado;
TOM NESTOR, Sheriff of Lincoln County, Colorado;
STAN HILKEY, Sheriff of Mesa County, Colorado;
FORREST FRAZEE, Sheriff of Kiowa County, Colorado;
RICK DUNLAP, Sheriff of Montrose County, Colorado;
TED B. MINK, Sheriff of Jefferson County, Colorado;
DAVE STONG, Sheriff of Alamosa County, Colorado;
FRED WEGENER, Sheriff of Park County, Colorado;
BRUCE NEWMAN, Sheriff of Huerfano County, Colorado;
RANDY PECK, Sheriff of Sedgwick County, Colorado;
DOMINIC MATTIVI, JR., Sheriff of Ouray County, Colorado;
JOHN MINOR, Sheriff of Summit County, Colorado;
SCOTT FISCHER, Sheriff of Jackson County, Colorado;
PETER GONZALEZ, Sheriff of Archuleta County, Colorado;
RICK BESECKER, Sheriff of Gunnison County, Colorado;
CHARLES “ROB” URBACH , Sheriff of Phillips County, Colorado;
ROD FENSKE, Sheriff of Lake County, Colorado;
GRAYSON ROBINSON, Sheriff of Arapahoe County, Colorado;
DAVID D. CAMPBELL, Sheriff of Baca County, Colorado;
MIKE NORRIS, Sheriff of Saguache County, Colorado;
AMOS MEDINA, Sheriff of Costilla County, Colorado;
MILES CLARK, Sheriff of Crowley County, Colorado;
DAVID ENCINIAS, Sheriff of Bent County, Colorado;
SUE KURTZ, Sheriff of San Juan County, Colorado;
JAMES (JIM) CASIAS, Sheriff of Las Animas County, Colorado;
GARRETT WIGGINS, Sheriff of Routt County, Colorado;
DOUGLAS N. DARR , Sheriff of Adams County, Colorado;
COLORADO OUTFITTERS ASSOCIATION;
COLORADO FARM BUREAU;
NATIONAL SHOOTING SPORTS FOUNDATION;
MAGPUL INDUSTRIES;
USA LIBERTY ARMS;
OUTDOOR BUDDIES, INC.;
WOMEN FOR CONCEALED CARRY;
COLORADO STATE SHOOTING ASSOCIATION;
HAMILTON FAMILY ENTERPRISES, INC., d/b/a FAMILY SHOOTING CENTER AT CHERRY CREEK STATE PARK;
DAVID STRUMILLO;
DAVID BAYNE;
DYLAN HARRELL;
ROCKY MOUNTAIN SHOOTERS SUPPLY;
2ND AMENDMENT GUNSMITH & SHOOTER SUPPLY, LLC;
BURRUD ARMS INC. D/B/A JENSEN ARMS;
GREEN MOUNTAIN GUNS;
JERRY’S OUTDOOR SPORTS;
GRAND PRIX GUNS;
SPECIALTY SPORTS & SUPPLY;
GOODS FOR THE WOODS;

Plaintiffs,

vs.

JOHN W. HICKENLOOPER, Governor of the State of Colorado,

Defendant.

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

-snip-


12 posted on 05/17/2013 4:06:16 PM PDT by kitchen (Make plans and prepare. You'll never have trouble if you're ready for it. - TR)
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To: MileHi; dhs12345; neverdem; ColoCowgirl; RandallFlagg; beaversmom; GSWarrior; familyop; LucyT; ...

El Paso County Sheriff Terry Maketa said. “The filing of this lawsuit is our only option. We did not want this. We did not ask for this, but we will not stand by silently while good citizens are deprived of their rights and criminalized.”

Maketa is one of 54 sheriffs challenging the constitutionality of the state’s ban on high-capacity magazines and mandate that universal background checks be conducted on all gun sales, even between private individuals.

Colorado Ping ( Let me know if you wish to be added or removed from the list.)


13 posted on 05/17/2013 5:52:45 PM PDT by george76 (Ward Churchill : Fake Indian, Fake Scholarship, and Fake Art)
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To: george76

Criminal #6 reporting in.


14 posted on 05/17/2013 5:53:41 PM PDT by dynachrome (Vertrou in God en die Mauser)
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To: dynachrome

Thanks


15 posted on 05/17/2013 5:58:22 PM PDT by george76 (Ward Churchill : Fake Indian, Fake Scholarship, and Fake Art)
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To: george76
I have been looking for a list of the 10 who didn’t sign. Have you seen that?
16 posted on 05/17/2013 6:01:18 PM PDT by MileHi ( "It's coming down to patriots vs the politicians." - ovrtaxt)
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To: MileHi

Not seen the liberal gun grabber list.

Likely, the usual counties ?


17 posted on 05/17/2013 6:11:20 PM PDT by george76 (Ward Churchill : Fake Indian, Fake Scholarship, and Fake Art)
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To: george76
Sure, a few obvious ones. Perhaps a couple bad surprises?
18 posted on 05/17/2013 6:19:22 PM PDT by MileHi ( "It's coming down to patriots vs the politicians." - ovrtaxt)
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To: MileHi
We expected the usual like Denver and Boulder counties, which leaves 8 more...


19 posted on 05/17/2013 6:24:35 PM PDT by Red Steel
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To: Red Steel
Yep. Who are the others?
20 posted on 05/17/2013 6:28:02 PM PDT by MileHi ( "It's coming down to patriots vs the politicians." - ovrtaxt)
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To: george76
Thanks!

Sort of like signing the Declaration of Independence. Thank you to all of the sheriffs for risking your careers and reputations for what is right. THANK YOU!

21 posted on 05/17/2013 6:29:19 PM PDT by dhs12345
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To: MileHi
Throwing up another Colorado county map since I think other one maybe getting blocked.

Two more Pueblo, Pitkin counties non-signers.

22 posted on 05/17/2013 6:35:29 PM PDT by Red Steel
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To: kitchen

Thanks for the list. I am somewhat surprised to see Jefferson county on the list. Boulder/Denver are missing of course. Pueblo = illegals? Pitkin is rich liberals.


23 posted on 05/17/2013 6:50:41 PM PDT by dynachrome (Vertrou in God en die Mauser)
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To: dynachrome

The dynamics of the resort towns like Telluride, Aspen, Breckenridge, Vail, and Crested Butte seems that the voters do not pay taxes and the taxpayers do not vote.

The second homeowners pay the large property / sales taxes , and the middle class tourists pay the sales taxes : but neither vote in large numbers.

The many government housing projects are for liberal locals who vote for tons of free stuff. They re-elected their communists politicians who promptly build more government housing to fill with more illegals, hippies, and their pals.


24 posted on 05/17/2013 7:47:45 PM PDT by george76 (Ward Churchill : Fake Indian, Fake Scholarship, and Fake Art)
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To: MileHi; Red Steel; dynachrome; george76; DaveyB
Here's the hall of shame:

Boulder
Broomfield
Chaffee
Conejos
Denver
Eagle
Grand
Pitkin
Pueblo
San Miguel

Somewhat surprised about Grand sitting this one out, as much as Routt jumping in.

25 posted on 05/17/2013 9:04:39 PM PDT by kitchen (Make plans and prepare. You'll never have trouble if you're ready for it. - TR)
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To: kitchen; MileHi

Both Denver and Broomfield do not have an elected sheriff?

Each are a combined entity, which has the police department performing all of the sheriff functions?

Denver and Broomfield deputy sheriff’s only perform jail and court related functions?


26 posted on 05/17/2013 9:23:14 PM PDT by george76 (Ward Churchill : Fake Indian, Fake Scholarship, and Fake Art)
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To: kitchen

Thanks!


27 posted on 05/18/2013 6:32:19 AM PDT by MileHi ( "It's coming down to patriots vs the politicians." - ovrtaxt)
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To: george76
Denver and Broomfield deputy sheriff’s only perform jail and court related functions?

Denver is, maybe Broomfield too as it is a fairly new entity.

28 posted on 05/18/2013 6:47:09 AM PDT by MileHi ( "It's coming down to patriots vs the politicians." - ovrtaxt)
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To: kitchen

Listed first! Hot diggity dog!!!


29 posted on 05/18/2013 9:53:26 AM PDT by conservativebabe
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To: george76

May I be added to the CO ping list please?


30 posted on 05/18/2013 9:56:19 AM PDT by conservativebabe
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To: DaveyB

We moved to CO in August of last year. At the time we didn’t realize the town where we bought our house had 2 counties. I can’t tell you how happy I am we unwittingly ended up on the Weld county side rather than Boulder county. So grateful indeed!


31 posted on 05/18/2013 9:59:13 AM PDT by conservativebabe
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To: conservativebabe
Weld County Sheriff...


" Weld County, Colo., Sheriff John Cooke, left, with El Paso
County Sheriff Terry Maketa, center right, and other
sheriffs standing behind him, speaks during a news
conference at which he announced that 54 Colorado sheriffs
are filing a federal civil lawsuit against two gun control
bills passed by the Colorado Legislature, in Denver,
Friday, May 17 2013. Among other claims, the group of
sheriffs and others joining the suit argue that the laws
violate the 2nd and 14th Amendments of the U.S. Constitution. "

32 posted on 05/18/2013 11:08:06 AM PDT by Red Steel
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To: conservativebabe

You are added to the list.

Thanks.


33 posted on 05/18/2013 3:40:01 PM PDT by george76 (Ward Churchill : Fake Indian, Fake Scholarship, and Fake Art)
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To: george76; Red Steel

Great news! Good work.


34 posted on 05/18/2013 4:35:30 PM PDT by familyop (We Baby Boomers are croaking in an avalanche of rotten politics smelled around the planet.)
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To: familyop
It made the headlines.


Colorado Sheriffs sue against unconstutional laws photo Gazette_54_Sheriffs_Sue_UnConstitutional_zpscc0823d5.jpg

35 posted on 05/18/2013 5:59:50 PM PDT by Red Steel
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To: george76

Thank you


36 posted on 05/20/2013 1:17:18 PM PDT by conservativebabe
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