The Thread about where your Sheriff stands on 2A

[zagner]

https://www.facebook.com/SheriffJustinSmith?fref=ts

Preserving our Constitutional Republic


The United States was very deliberatively established as a Constitutional Republic. John Adams said it succinctly “We are a nation of laws, not a nation of men.” Our founding was based on the clear understanding that we are endowed by our Creator with our unalienable Rights. While our Constitution clearly defined these Rights, it did not create or establish these rights and no government official has the authority to take these Rights away.

The most basic of these Rights include life, liberty and the pursuit of happiness. To assure the protection of these Rights, our Constitution was amended in 1791 with the Bill of Rights. The second Right articulated in the amendments was the Right of self-protection by individual citizens through the private ownership and possession of firearms.


Our founders had the wisdom to establish a nation where citizens granted the authority to be governed from the local level up to the federal level and they made it clear that the powers of the federal government were to be limited to only the areas defined in our Constitution. The government established by our Constitution is a divided government which created a balance of powers between the legislative, judicial and executive branches. Each branch has limited powers and each has an ability to keep the other in check. The executive branch is empowered to enforce laws, but not to establish laws.


That has not changed.


Colorado was established with the Constitutional Office of Sheriff. Statutes define the specific duties of the Sheriff, but through tradition and law, it is clear, the Sheriff’s duties include the absolute obligation to protect the Rights of the citizens of the county, and the Sheriff is accountable directly to those citizens. The Colorado Sheriff occupies this independent office which is not a subservient department of county, state or federal government.


As Sheriff, I will not:

• Enforce unconstitutional federal laws
• Obey unconstitutional laws
• Allow others to violate the Constitutional Rights of those in my county


I encourage thinking citizens of all political affiliations, or no political affiliation, to carefully and logically follow the shell game that is occurring before their very eyes. The only possible way to achieve “universal background checks” for private transactions of lawfully-owned firearms is to register every single firearm in existence in our nation. Otherwise, the federal government could never prove the transaction of a firearm. Anyone who fails to go through with such registration will be defined as a criminal by our federal government. That same government which has all too often has failed to enforce the current laws against criminal predators, will then start to discriminately target and prosecute law-abiding Americans who are simply exercising their Constitutionally recognized Right to keep and bear arms.


We must understand that while we are talking about the Right to keep and bear arms today, we could just as easily be talking about the Right to lawfully assemble and petition our government, the Right to free speech, the Right to worship freely, the Right to be free from unreasonable search and seizure or any of our other Rights. They all have to be defended without fail.


I will continue to honor my oath to uphold the Constitution and protect citizens of my county. I will not allow unconstitutional proposals to stand. County by county, state by state, we must protect these God-given Rights that so many fine Americans before us have defended with their lives over the last 237 years. We will remain a Constitutional Republican for as long as we are respectful of these Rights.

[mahabali]

This is awesome.

[hatidua]

Let's hope this is contagious.

[Dave]

C'mon Arapahoe County Sherrif.....

[Eggysrun]

glad I don't have to move lol

[Ronin13]

C'mon Arapahoe County Sherrif.....
I'm waiting for Sheriff Ted Mink (Jeffco) to release something soon too... this is possibly his last year on the job (retirement) and he's a pro-2A guy, plus he signs off on all CCW and NFA items if you have a clean background! [Beer]

[Kraven251]

the Right to lawfully assemble and petition our government,

Didn't we give that one up already

[Demodave]

Good Job Justin!

Way to Go!

We need more Sheriff's to take this stand!

[brutal]

Anyone seen anything (or requested) the same from Weaver in DC?

He's hell bent on CHP (but anti-NFA) so it will be interesting to see where he stands.

[wyzardd]

I'm waiting for Sheriff Ted Mink (Jeffco) to release something soon too... this is possibly his last year on the job (retirement) and he's a pro-2A guy, plus he signs off on all CCW and NFA items if you have a clean background! [Beer]

I guess I still have bad memories of previous sheriffs. I just assumed Mink would roll over and beg. I hope I'm wrong about him and will publicly apologize if he turns out to be a badass

[Sawin]

This man needs to be our Governor.

[brutal]

I couldn't find anything on DC web pages so I found Weaver on FB and sent him this brief message.

Sheriff Weaver,

We are seeing statements from many of our prominent local LEOs regarding their stance on enforcement of possible forthcoming unconstitutional firearms regulations, either by XO or, on a local level, from the Colorado Legislature. Do you intend to issue a statement, and where to you intend to publish it?

Sincerely,

XXXXX XXXXX
Douglas County Resident and CHP holder.

[brutal]

I'm still bummed that Bob Beauprez didn't win in 2006. He would have set the stage for better things in Colorado for years to come instead of that fuckwit Ritter.

I met Bob many, many years ago when he was Pres/owner at a Lafayette bank (I was doing their IT migration/support) and he's a straight shooter.

[TS12000]

C'mon Arapahoe County Sherrif.....

Yeah right, his response will probably be more along the lines of "yessa massa imma git those guns fo you massa"

I wouldn't trust him as far as I could throw him

[Gcompact30]

Pueblo County Sheriff better do the same, or he wont get my VOTE again...........

[tmjohnson]

Way to go sherriff

[twitchyfinger]

Thanks for the post! Glad I recently moved and happen to be a new member of this county! Another great article by Sheriff Justin Smith:

For the 150+ new followers over the last 24 hours, I wanted to re-post this earlier piece on violence prevention.
Sheriff Justin
-----------------------------------------------------------------
The problems with violence in our society cannot be solved quickly or easily. They won't be solved by executive edicts or hastily drafted legislation. The truth is that our mental health system has been broken for decades and has failed to address those who are dangerous and deprived. Furthermore, most firearms laws previously enacted at the federal level are rarely enforced now.

What has changed over the years? When children grew up playing outdoors with their friends and watching Happy Days and The Waltons on TV, we didn't see this trend of them taking firearms (the same weapons were readily available to them 30 or 40 years ago) and killing their fellow man in these horrendous acts that we see today.

Folks, this isn't a left or right issue. We must start at the individual level and commit to acting more responsibly and we must have tough conversations as neighborhoods, communities, etc all the way up to a national level and we must hold ourselves and each other accountable to respecting each other and reclaim our humanity as a nation. We have to start by modeling appropriate behavior to our youth. We shouldn't tolerate or celebrate degrading each other in words or actions. The youth of our nation look to us as role models. We can be good ones or bad ones. Our choice.

As it pertains to government action, we need to systematically review and modernize the mental health services that we provide. People with dangerous mental health problems need assistance and we need to keep them away from guns. I believe that we can all agree on that. Secondly, we need to make sure that those who violate our current laws are held accountable. If we aren't utilizing the current laws on the books, why would we want to add more of them, to not enforce either?

We didn't get here overnight, it will take some time to fix. Let's remain committed to returning our communities to the safe places that they used to be. We can do it without abandoning the Liberties that generations before fought so hard to secure.

[DavieD55]

Way to go for Sheriff Smith! I am confident mine will remain loyal to his heroes in Washington D.C.

[The Rat]

Outfuckingstanding.

[JustAGuy]

http://t.co/o9d9cYKt

[TAR31]

Good to hear.

[jerrymrc]

Always been a good guy.

[theGinsue]

Great to hear him, in his own words, identifying that he will continue to stand strong for the Constitution.

[ferrum]

I figured this would be his stance and it is good to see it in writing.

[baglock1]

I wonder if:

Furthermore, I will actively oppose any effort that infringes upon your second amendment rights.
means that he will refuse to enforce any state and federal laws that are passed concerning gun control. I understand not wanting to come right out and say it, but I'd much rather I didn't have to read between the lines and assume the intent.

[HoneyBadger]

Who else sent him an email last week? :D

I am very glad to see this, especially the second to last paragraph about respect for human life (not the violent video games part though). Makes me proud to live in El Paso county!

[Sharpienads]

I've been meaning to write a letter of support to Sheriff Maketa. I assumed this was his stance, but I too am glad to see it in writing.


I wonder if:
[/SIZE]
means that he will refuse to enforce any state and federal laws that are passed concerning gun control. I understand not wanting to come right out and say it, but I'd much rather I didn't have to read between the lines and assume the intent.

Not sure. But it wouldn't be the first time he took a similar stand:


The dangerous new gun ban at Colorado State University is gone, thanks to a wise decision by the university’s board of governor’s (http://www.csusystem.edu/pages/board_about.asp) Wednesday to rescind it.Gun bans remain at most other campuses in Colorado for now, including the University of Colorado-Colorado Springs. El Paso County Sheriff Terry Maketa (http://shr.elpasoco.com/) said he will undermine the UCCS gun ban until it goes away.
“Nobody’s coming into my jail on that charge,” Maketa told The Gazette’s editorial department. “I will not cooperate with that in any way because in my view it’s not a legitimate and arrestable offense.”
http://www.gazette.com/articles/university-98235-gun-vote.html


Such an example is the El Paso County, Colorado. Commissioners they introduced and passed a resolution that is now the law in El Paso County. This was first introduced by Commissioner Peggy Littleton. Co-authored by Kim Green of Freedom Action Coalition. There Resolution was to Preserve Habeas Corpus and Civil Liberties.They claim that they have the legislative authority to manage the concerns of the County and to exercise such other and further powers as are conferred by law.
That they as the Board of County Commissioners of El Paso County, Colorado, opposes any and all rules, laws, regulations, bill language or executive orders, which amount to an overreach of the federal government and which effectively take away civil liberties.
In accordance with the Colorado State Constitution, Article 12, Section 8, all elected officials are mandated to “take and subscribe an oath or affirmation to support the Constitution of the United States and of the State of Colorado, and to faithfully perform the duties of the office upon which he shall be about to enter;” and the El Paso County Commissioners subscribe to uphold this oath of office by the adoption of this Resolution, and as, one of our most fundamental rights as American citizens is to be free from unreasonable detention without due process of law, a right afforded to us by our Founding Fathers and guaranteed to us by over two centuries of sacrifice by our men and women in the Armed Forces whom we daily recognize and honor.
The National Defense Authorization Bill, SB 1867, jeopardize the fundamental rights of American citizens to remain free from detention without due process and the right to habeas corpus in direct contravention of the guarantees of the Bill of Rights and the United States and Colorado Constitutions.
In their resolution they say it is indisputable that the threat of homeland and international terrorism is both real and viable, and that the full force of appropriate and constitutional law must be used to defeat this threat so that terror never wins; however, winning the war against terror cannot come at the great expense of mitigating basic, fundamental, constitutional rights using rules, laws, regulations, bill language or executive orders.
The Board of County Commissioners of El Paso County, Colorado, opposes any and all rules, laws, regulations , bill language or executive orders, which amount to an overreach of the federal government and which effectively take away civil liberties;
The El Paso County Sheriff’ Terry Maketa is in agreement with this resolution and the goals and purposes herein stated and agrees to undertake all appropriate efforts to protect the constitutional rights of all citizens in this county. We support the United States of America and all the freedoms and guarantees as guaranteed by our Founding Fathers and as provided by the brave efforts of the members of our Armed Forces.

http://www.examiner.com/article/states-counties-and-cities-are-moving-to-nullify-ndaa

[Gcompact30]

Good EPSO Sheriff..... Now I just hope Pueblo County Sheriff stand up for whats right. If Pueblo Sheriff don't stand up he will not get my vote again.

[ChiefBDT]

Outstanding!!!
As a retired Chief of Police it is refreshing to see a Law Enforcement official who takes his "OATH OF OFFICE" seriously. I think the day is soon coming when we will see who can walk the walk.

[HBARleatherneck]

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[Great-Kazoo]

You were surprised he would say anything else. The guy offered me a job with WCSO, That says a lot

[waxthis]

[Awesom]

[MCarp71]

Great Man!!

[HBARleatherneck]

delete

[Sharpienads]

Weld County Sheriff Cooke is the latest Sheriff to get on the bandwagon.

http://www.greeleytribune.com/news/4404060-113/cooke-gun-enforce-obama

Weld County Sheriff John Cooke, along with some other elected officials across the country, is voicing vehement opposition to President Barack Obama’s sweeping plan to address gun violence, calling the proposal “out of line” and saying he refuses to enforce any part of it....


all these Sheriffs saying this is for show though. They already enforce laws that are unconstitutional. I guess these "common sense" gun laws are more unconstitutional.

I wouldn't be so sure it's all for show.


Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn that mankind are more disposed to suffer, while evils are sufferable than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.

Right or wrong, some Unconstitutional laws are more bearable than others. Maybe this is where they draw the line.

[HBARleatherneck]

delete

[robertcolorado2009]

What will happen if there is a state ruling including registration and a ban, I wonder? How will they react to that?

[HBARleatherneck]

delete

[blacklabel]

I appreciate the sentiment but only time will tell if Sheriff Cook as well as the others that have stepped forward are willing to stand by their word.

[Zundfolge]

What will happen if there is a state ruling including registration and a ban, I wonder? How will they react to that?

Agreed, we need these Sheriffs across the state that have stated they won't put up with Obama's unconstitutional gun grabs to tell Hickenlooper that the same goes for him.

[Kraven251]

I believe the very simple fact that they are saying these things in a public manner speaks volumes. It should also send a message.

[Jer]

glad I don't have to move lol

For now...

With the rumors I keep hearing about the anti-2A laws they're talking about introducing at the state level things will get dicey with this stance real quick.

I hear Texas is nice this time of year...

[NightCat]

I'm hoping to hear something like this from Terry....Come on Sheriff!!

[Gcompact30]

Where is my Sheriff (Pueblo County) Step UP

[twitchyfinger]

Make me smile to see all these guys stand up for what is right!

Weld Sheriff Cooke says he won’t enforce Obama’s proposed gun restrictions!Weld County Sheriff John Cooke, along with some other elected officials across the country, is voicing vehement opposition to President Barack Obama’s sweeping plan to address gun violence, calling the proposal “out of line” and saying he refuses to enforce any part of it. On Wednesday, Obama presented a major gun control plan, calling on Congress to pass laws that would reinstate the ban on assault weapons, outlaw high-capacity ammunition magazines and require mandatory background checks for all gun purchases. He announced more than 20 executive orders that don’t require congressional action and only apply to federal agencies. Cooke said …

http://www.greeleytribune.com/news/4404060-113/cooke-gun-enforce-obama

[zagner]

What the hell does this mean?

http://www.denverpost.com/news/ci_22398686/larimer-co-sheriff-backpedals-stance-gun-legislation


In an interview Thursday, Smith said he did not mean to imply that he would determine whether a law was constitutional or not.


"It is not my role as sheriff to establish the constitutionality of a law," he said, adding that the message e-mailed and posted on Smith's personal Facebook page had been misunderstood by some news media.


"What's been twisted is that the sheriff is going to somehow define what's constitutional," he said. "That's not the case."



Every LEO and soldier must at all times make personal determinations with regard to the constitutionality of every law / order they are called upon to enforce / execute. This is doubly so for those in leadership positions such as military officers and SHERIFFS.

Is there nobody capable of sticking to constitutional principles? :( Damn.

[lowspeed_highdrag]

If you live in Larimer or Weld, make sure you vote to keep these guys in office. As an employee of Sheriff Cooke, I can personally attest to him being a pretty amazing man and a staunch supporter of the Constitution.


Sheriff Smith and Sheriff Cooke are now telling Obama that they will not enforce any further anti-gun legislation.
http://www.mywindsornow.com/news/4404060-113/cooke-gun-enforce-obama

[XC700116]

When I moved here 4 years ago I had no idea at the time that I had moved into such a good county, Very glad now that I landed here. And I'm sending Sheriff Cooke a personal thank you tomorrow morning.

[birddog]

HBARleatherneck will be along shortly.....

[streetglideok]

My question to those sheriffs, and even the one here in El Paso county is, say the feds only pass a 10 round mag limit, or say they pass nothing, and Hickenpooper and his cronies pass an AWB or restriction, and/or mag limits. What will their stance be then?

[Batteriesnare]

Cooke is a good man, I was glad to have him as sheriff when I lived in Weld County. Glad to have someone like him in charge of LEO's.

[newracer]

Park and Garfield county sheriffs have also taken the same stance. Rumor is the state sheriff's association is going to do the same.

[Kraven251]

Park and Garfield county sheriffs have also taken the same stance. Rumor is the state sheriff's association is going to do the same.

As a State legislative body, what do you do when a growing part of the LEOs are stating don't pass it we won't enforce it? Have the Governor call up the National Guard, where this could go from there gets dicey at best.

(I am 100% behind these sheriffs, I am just mildly fearful of what actions may be taken to enforce something the local LEOs won't touch.)

[jerrymrc]

4 threads into one.

[Lurch]

Sheriff Heap of Elbert County is on board. Plus is organizing CCW classes to boot.