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Federal District Judge upholds Colorado’s new gun laws
On Thursday, Marcia Krieger released her decision upholding Colorado's new gun laws. This much-anticipated decision was in line with similar rulings in other states. The sheriffs and others had sued to overturn the universal background check and high capacity magazine ban. In In her ruling, Judge Krieger
- Questioned whether ammunition magazines are actually covered by the Second Amendment, as interpreted by Heller, since “the statute does not ban any firearm nor does it render any firearm useless.”
- Noted that “evidence shows that large capacity magazine are frequently used in gun violence and mass shootings, and that often a shooter will shoot continuously until a weapon jams or the shooter runs out of ammunition.”
- Ruled that the 72-hour limitation on temporary transfers without a background check is “constitutionally permissible under the Second Amendment.”
- Was unpersuaded by the plaintiffs argument that the vagueness of “continuous possession” of grandfathered high capacity magazines was a violation of the Fourteenth Amendment.
- Found that the Plaintiffs had failed to prove that background check law and magazine ban “disproportionately impact disabled individuals” and therefore the laws are not in violation of the ADA (Americans with Disability Act).
In her opinion, Judge Krieger reviewed the history of court interpretations of the Second Amendment noting how that altered in 2008 with the Heller case, but noted that “as profound as Heller, is, it does not stand for the proposition that there can be no permissible regulation of firearms or their use.” Judge Krieger was appointed to the federal bench by President George W. Bush in 2001.
This lawsuit began when 55 county sheriffs sued the Governor. In November, the court denied the sheriffs standing. Nevertheless, the sheriffs have indicated that they will appeal the decision at the next court level, wasting even more taxpayer-funded resources of time and money.
Denver Post: http://www.denverpost.com/News/ci_26040446/Federal-judge-upholds-Colorados-new-guncontrol
Sheriffs and Law Enforcement
Although the sheriffs were denied standing in the lawsuit, you may be wondering whether your sheriff was party to this effort. All sheriffs, except those from the following counties, were originally part of the lawsuit: Boulder, Broomfield, Chaffee, Conejos, Denver, Eagle, Pitkin, Pueblo, and San Miguel.
During testimony, it was clear that three sheriffs were taking the lead against the new gun laws: Terry Maketa (El Paso), John Cooke (Weld) and Justin Smith (Larimer). Maketa now is in much hot water for mismanagement and alleged sexual involvement with a number of subordinates. Currently, there is a recall effort against him. John Cooke is term-limited, but running to be a state senator (SD13). If elected, he’ll be passing laws that he’ll expect others to enforce.
Additionally, a number of sheriffs have publicly stated that they will not enforce the new gun laws (see list at the end of this note). A few sheriffs even attended Arizona Sheriff Mack’s Constitutional Sheriffs and Peace Officers Association inaugural convention in 2012:: John Cooke (Weld), David Spruell (Montezuma – lost his primary Tuesday), Richard Dunlap (Montrose), Stan Hilkey (Mesa, term-limited) and Terry Maketa (El Paso). Sheriff Mack has generated a great deal of controversy and attention with his anti-government views, and recent support for Cliven Bundy in his Nevada armed stand-off (still-continuing) with the BLM.
Tuesday’s Primary elections winnowed the list of candidates seeking office. Of particular note is that extremists won a number of Republican primaries in Jefferson and El Paso counties:
- SD19 - extremist Laura Woods (RMGO) will face Senator Rachel Zenzinger in November
- SD 22 extremist Tony Sanchez (RMGO) will face Senator Andy Kerr in November
- HD15 The nomination of Gordon Klingenschmitt has raised eyebrows across the state. http://www.denverpost.com/politics/ci_26041276/el-paso-county-gop-candidate-klingenschmitt-compares-obama He faces Ceasefire-endorsed Lois Fornander in the general election in what is considered a safe Republican seat. El Paso County: Be there in November!!!
- HD22 Rep. Justin Everett (RMGO) fought off a primary challenge. Everett lost committee assignments at the legislature for repeated late and non-arrivals. He faces Ceasefire-endorsed Mary Parker in the general election. Unfortunately, these are not the only extremists on the November ballot.
Sheriffs who have stated they are NOT enforcing the new gun laws
(CSPOA: Constitutional Sheriffs and Peace Officers Association).
1. John Cooke (Weld) NYTimes CSPOA website
2. Pete Palmer (Chaffee) NYTimes
3. David R. Encinias (Bent) CSPOA website
4. Ken Putnam (Cheyenne) CSPOA website
5. Fred Jobe (Custer) CSPOA website
6. Dave Weaver (Douglas) CSPOA website
7. Terry Maketa (El Paso) CSPOA website
8. Shayne Heap (Elbert) CSPOA website
9. Jim Beicker (Fremont) CSPOA website
10. Lou Vallario (Garfield) CSPOA website
11. Bruce Hartman (Gilpin) CSPOA website
12. Ronald Bruce (Hinsdale) CSPOA website
13. Bruce Newman (Herfano) CSPOA website
14. Scott Fischer (Jackson) CSPOA website
15. Ted Mink (Jefferson) CSPOA website
16. Justin Smith (Larimer) CSPOA website
17. James Casias (Las Animas) CSPOA website
18. Brett L. Powell (Logan) CSPOA website
19. Stan Hilkey (Mesa) CSPOA website
20. Tim Jantz (Moffat) CSPOA website
21. Dennis Spruell (Montezuma) CSPOA website
22. Rick Dunlap (Montrose) CSPOA website
23. James Faull (Prowers) CSPOA website
24. Kirk Tylor (Pueblo) CSPOA website
25. Brian Norton (Rio Grande) CSPOA website
26. Garrett Wiggins (Routt) CSPOA website
27. Randy Peck (Sedegwick) CSPOA website
28. John Minor (Summit) CSPOA website
29. Michael A. Ensminger (Teller) CSPOA website
30. Larry Kuntz (Washington) CSPOA website
31. Chad Day (Yuma) CSPOA website
VIDEO FROM AMERICAN ACADEMY OF PEDIATRICS
Gun violence is the second leading cause of death for children.
Video on Protecting Children from Gun Violence
Child Gun Accidents - the Hidden Toll: Michael Luo and Michael McIntyre had an extensive report in Sunday’s New York Times. As one mother who lost her 14-year old son to a handgun accident stated: “These are no accidents. They are simply
irresponsible, stubborn, cowardly adults unwilling to stand up against
the gun lobby and those who support it.”