Colorado sheriffs plan lawsuit challenging state gun control laws

[Irving]

Thumbs up.

[WETWRKS]

Any word of trying to get an injunction to stop the enforcement before the law takes effect?

[asmo]

Any word of trying to get an injunction to stop the enforcement before the law takes effect?

Wouldn't that be nice..

[Sparky]

Any word of trying to get an injunction to stop the enforcement before the law takes effect?

I was just thinking about this. Anybody know anything?

[MarkCO]

Judge signed it June 10th, but it really does not stop the effective date. Just defines (using the AGs position paper) the legal aspects until such time as the case is tried in court.

http://www.i2i.org/files/file/Sherif...ion-Motion.pdf

[SA Friday]

No word of an injunction. court won't happen before the 1 July date. It's going to go into effect before the courts can weigh in and be around for a while. I suspect it will be faster to get the law removed through voting the right people into office before the lawsuit bears fruit. If I her anything from the shop (we are listed in the lawsuit), I'll update everyone.

[ImNtUrBuddyGuy]

Governor/State legal team is desperately trying to get as much of it moved to the State Supreme Court as possible. 7 liberals to 2 conservatives. What could go wrong there? The motion for injunction by the way was proposed by the Governor/State legal team. It is in injunction to use the AG's letter so they can try to worm their way around calling it vauge and have it stay in force - and possibly move it all to the State Supreme.

So nothing positive in the case so far.

How is the 10th Circuit Court in regards to 2A?

[muddywings]

Via Maketa's facebook thingy that my wife made me sign up for:

https://www.facebook.com/maketaforsh...51413536586106

Sheriff Terry Maketa
I want to thank so many of you for your kind words and incredible support these last three weeks. I'm so humbled and honored to serve this community. As you can imagine, I have been very busy.

I wanted to take a moment and give a brief update on the Sheriff's lawsuit. A status conference with the Judge was held on June 17th, which I was not able to attend, but was briefed on the outcome. As expected, nothing of substance occurred but I found it interesting that the attorneys for the state requested more time to gain a better understanding of the function of magazines as it relates to the removable baseplate provision in the magazine ban law. One would think they could have used the previous several weeks to educated themselves on this law as it relates to high capacity magazines and removable baseplate. Another thought that crossed my mind, is if they don't understand it, and they represent the Governor, how are citizens supposed to understand and comply with these vague, thoughtless laws. By the way, that is a key point we are using to challenge these laws and let me state these new laws actually have very little law enforcement support. I was advised by a Sheriff in attendance, this appeared to be a stall tactic by counsel of the Attorney Generals Office (AG).

The next surprise came a few days later, when I was advised the AG's Office was attempting to have the Sheriffs removed from the lawsuit claiming we have no legal standing. I guess in their mind the oath to support the Constitution of Colorado, and the Constitution of the United States only applies when it serves criminals. Our lawyer filed a 20+ page brief justifying and defending our legal standing on this lawsuit and the Ag's Office backed off that request but we expect to see it again. My feeling is that I have an obligation to defend the rights and freedoms of my constituents as well as bring forward the voice of those I represent. Im sure to the "other side" the term representative government has a completely different meaning and by all indications it appears the attorneys with the AG's Office forgot that concept. They clearly do not recognize they serve the people of Colorado. There is also no doubt this approach was their attempt at a divide and conquer tactic.

The next hearing is set for July 10th and I am scheduled to testify. The hearing is focused on gaining an injunction to delay the implementation of these new laws until the court has had the opportunity to hear the case. We requested the date be moved up prior to July 1st and that request was not accepted. We would prefer to have the injunction implemented prior to July 1st, so law abiding citizens are not subjected to unjust harmful criminal actions, but we could not convince the Court to accept our request. I will do my best to keep you posted in a timely manner as we move forward with the legal proceedings.

I would like to explain some more examples of how bad these laws are and how they impact law abiding citizens in a very negative way. The Black Forrest Fire was another reminder of examples I used to define just how poorly thought out these laws are. Like the Waldo Canyon Fire numerous people lost their home, memories and every possession they acquired over a lifetime. Actually 511 homes were lost. Included in that list of losses are firearms of all types. Sadly, the people victimized by the fire will be victimized again by our own Colorado Government. These people that lost so much and through no fault of their own lost personal firearms in this fire. They also lost the high capacity magazines that went to those firearms. Sadly enough, it is doubtful they will be able to replace those magazines prior to July 1st and I'm sure finding a temporary home is a higher priority than scouring the state for the magazines they lost to fire. Not to mention the supply and demand issues that has been created by our reckless agenda driven legislative majority leadership. These fire survivors may have even had insurance specifically for their collection, but its likely most of them will not reach settlement with their insurance company in time to legally replace those magazines which they legally possessed prior to the fire. That is truly an injustice and speaks to the criminalization of law abiding citizens or depriving them of access to their lawful property. Its unthinkable some of these people paid for insurance to protect their investments and because July 1st is upon us they will not be able to lawfully replace that property they had insured. The fire was such a tragedy and compounding the loss many felt, these survivors will be victimized again only this time by the elected officials that supported and passed these ineffective illegal laws.

Another realistic scenario that will negatively impact law abiding citizens that lost their homes are those that were able to remove their valuables and their firearms and are now storing them at the residence of a friend. I know for a fact there are people in this exact situation. What they do not realize is that after July 1st, they will need to get a background check on their friend after 72 hours and every 30 days thereafter, or their friend may be required to get a background check on the victim of the fire before he return the weapons to the original owner, since there is not firearm registration determining ownership as of July 1st. Furthermore, if a high capacity magazine exists with those weapons being stored by the friend, then the friend storing the magazine would technically being in violation of the magazine ban if he returns it to the rightful owner, the fire victim, because of the continuous possession clause in the law. The law prevents any transfer of a magazine holding more than 15 rounds, not only does this affect high capacity magazine but even those magazines that that are less than 15 rounds but have a removable baseplate and can be converted to a higher capacity. This is a gross injustice to the victims of the fire.

Since magazines do not have a serial number or other unique identifier then ownership can not be clearly proven, which by the way is why the Sheriffs have said this law is unenforceable and even the Governor that sighed the law recognizes that fact. I believe this is why so many people think these laws are intended to set the foundation for gun registration which I promise I will adamantly oppose.

We need to continue to be vocal on this issue and make sure we hold those accountable for eroding our rights and freedoms. Elections have consequences and we need to make sure those we elect are held accountable. Do not forget that Governor Hickenlooper boasted that he wasn't worried about his re-election as a result of his support of these gun grabbing laws because he said the 2nd amendment people are a small group of people that will have no bearing on his re-election. I think he is grossly under-estimating the will of the people and their disgust at the erosion of their Rights. This isn't just about the 2nd Amendment, its about the continuous tampering and attacks of all our rights and freedoms.

Remember, Hickenlooper has aligned and showed his loyalty to the the leaders that allowed the IRS to abuse their authority to interfere and tamper with people belonging to conservative groups. On a side note, there really will never be any true accountability of those people that did abuse their authority. Our Governor has aligned himself and is owned by an administration that abandoned American citizens in Benghazi, used the Department of Justice to spy and violate the privacy rights of law abiding Americans through phone and email records. They can not be trusted and he clearly proved he should not be. Biden and Bloomberg own him and he has betrayed us Coloradans for political favors.

We should all demand the Governor grant pardons to our citizens negatively impacted by disasters and trying to replace the property they lost. Demand he show compassion and common sense. He can call his mentors in New York and D.C. for advice on how to side step the laws he created. After all, he came to the defense of a convicted murderer dismissing the legal decision of a lawful jury, so he should find it easier to come to the defense of those victimized by this recent disaster in our community and any other community that suffers a similar loss.

If you know of people impacted the Black Forrest Fire in ways similar to what I described above and they are willing to speak to me please have them contact me. Their situations and circumstances are powerful examples and can aid in protecting our rights and theirs.

I will not give up or let up on this fight. It is far too important and we owe it to the next generation to allow them to experience the same rights and freedoms we have enjoyed.

[sniper7]

I need to send the sheriffs another thank you for their hard work.

[Great-Kazoo]

I need to send the sheriffs another thank you for their hard work.

Don't forget to thank him for writing a legible properly spaced and punctuated letter. However i think he spelled dickhead governor wrong