Two more Pueblo, Pitkin counties non-signers.
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.
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!
Two more Pueblo, Pitkin counties non-signers.
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.
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.
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.
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?
Thanks!
Denver is, maybe Broomfield too as it is a fairly new entity.
Listed first! Hot diggity dog!!!
May I be added to the CO ping list please?
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!
" 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. "
You are added to the list.
Thanks.
Great news! Good work.
Thank you
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