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View Full Version : Colorado sheriff says new state gun laws won't be enforced



Teh One Who Knocks
03-18-2013, 11:15 AM
FOX News and The Associated Press


http://i.imgur.com/g7kCYqe.jpg

Weld County Sheriff John Cooke won’t enforce new state gun measures expected to be signed into law by Democratic Gov. John Hickenlooper, arguing the proposed firearms restrictions give a "false sense of security."

Lawmakers in Colorado on Friday approved a landmark expansion of background checks on firearm purchases. Earlier in the week, Colorado lawmakers approved a 15-round limit on ammunition magazines.

Both measures are awaiting the expected approval of the governor.

Cooke told GreeleyTribune.com that Democrats in the state legislature are uninformed and scrambling in response to the Aurora movie theater shooting and other recent tragedies.

"They’re feel-good, knee-jerk reactions that are unenforceable," he told the news outlet.

The bill passed Friday expands cases when a $10 criminal background check would be required to legally transfer a gun. Republicans have opposed the bill, calling it an undue burden on law-abiding gun owners.

Cooke said the proposed firearms transfer requirement would not keep guns out of the hands of criminals, according to the GreeleyTribune.com report.

The sheriff told the news outlet that he and other county sheriffs "won’t bother enforcing" the laws because it won't be possible to keep track of how gun owners are complying with the new requirements.

Cooke is joined in his opposition to the proposals by El Paso County Sheriff Terry Maketa, who told an angry packed crowd at a meeting on Thursday in Colorado Springs he would stand firm against the bills.

"I can’t tell you when those were sold, bought and purchased. As far as I’m concerned, they were all pre-July 1 if the governor does sign this bill," he said.

Maketa said the proposed laws were hastily crafted and at least one would be unenforceable. A number of Colorado sheriffs are concerned the laws could lead to registration of gun owners, he said.

Maketa said his office keeps records of every concealed carry permit holder in the county as required by law, but he would never share it.

He said he would destroy the database if anyone tried to get their hands on it and would intervene if government agents started arresting county residents for exercising their constitutional rights.

The vice president praised passage of the bill on Friday.

"Congrats to Colorado House and Senate for passing universal background checks," read a tweet sent by the office of Vice President Joe Biden from his official (at)VP account.

It was followed by another tweet referring to the theater shooting that read, "The families of Aurora deserved a vote and got one. Now U.S. Congress must act too."

Congress is also considering a number of new firearm restrictions.

Colorado is the first state outside the East Coast to significantly ratchet back gun rights after the theater and school shootings. Colorado's gun debate was being watched closely because it's considered a swing state with both a gun-loving frontier past and an unfortunate history of mass shootings, including the 1999 Columbine High School attack.

Expanded checks have been a top priority for Hickenlooper, who called for the proposal during his State of the State address in January.

Both chambers previously approved the expanded checks in slightly different forms. However, both had to agree on an identical bill before passing it to the governor, so a second round of voting was required.

Democrats seemed relieved that Colorado's protracted gun-control debate was nearing an end.

The GOP unsuccessfully tried some last-minute legislative maneuvers on Friday to sink the background-check measure before it was passed 19-14 by the Senate.

Democrats grew frustrated at GOP attempts to imagine scenarios that would trigger background-checks. From 4-H members learning gun safety but needing to borrow a shotgun, to neighbors on weeklong elk-hunting trips, Republicans argued the bill would ensnare harmless gun users.

Democrats insisted that existing exemptions in the bill would cover most scenarios the GOP imagined. The bill's sponsor, Senate Democratic Leader Morgan Carroll, told Republicans that Democrats had enough votes to pass the measure but extended debate to make small changes requested by Republicans.

Teh One Who Knocks
03-19-2013, 10:40 AM
By Ryan Parker - The Denver Post


Weld County Sheriff John Cooke says he won't enforce new gun-control measures, and legal experts say he won't be breaking the law.

Prioritizing how laws are enforced is the prerogative of local police chiefs and sheriffs. A lawsuit could be filed compelling Cooke or any other sheriff who declines to apply gun laws now on their way to the governor's desk, but it is the voters who ultimately will decide their fates.

"He couldn't be punished for not upholding these laws, but he could be ordered by the court to uphold them," said Richard Collins, a University of Colorado at Boulder law professor. "Whether anyone would bring a lawsuit to get the court to order him is pretty uncertain."

State Sen. Morgan Carroll, D-Aurora, Senate sponsor of the universal-background-checks bill, said a sheriff unwilling or unable to fulfill the duties of the position should step down.

"They are putting politics above their job," she said.

Gov. John Hickenlooper is expected to sign at least two new gun laws Wednesday — universal background checks and weapon-magazine capacity limits. A third, enacting fees for background checks, has been sent to him. Bills prohibiting domestic abusers from having access to guns and banning online-only certification for concealed-carry permits are still in the legislature.

"Why put the effort into enforcing a law that is unenforceable?" Cooke told The Denver Post on Monday. "With all of the other crimes that are going on, I don't have the manpower, the resources or the desire to enforce laws like that."

Cooke said this is the first time in his law enforcement career that he has made the decision to not enforce a law.

However, Cooke said, if a person who uses a gun outfitted with a magazine able to hold more than 15 rounds in a crime, that person will be charged under the new law.

Sheriffs in 62 of Colorado's 64 counties are elected. As long as the elected official isn't violating the U.S. or Colorado constitutions, the ramification for noncompliance is a recall or being voted out of office, said Dave Kopel, a professor at the University of Denver law school and author of a law-school textbook on firearms law and policy.

In the last election, Cooke won with 76 percent of the vote, he said. He is in his third term and said he plans to run in 2014 if a Weld County court case dealing with county term limits is settled in his favor.

Of course, if most of the constituents agree with Cooke's decision, it could also make him more popular, said Kopel, who is also on staff at the Independence Institute think tank.

"His primary obligation is to obey the U.S. Constitution and the Colorado Constitution, and he appears to be especially conscientious in making sure he does so," Kopel said.

While it may be one of the first instances related to gun-control measures, sheriffs in the past have refused to uphold laws they did not agree with, such as prohibition, Jim Crow and immigration, Kopel said.

Still, Cooke's noncompliance announcement is unusual, Collins said.

"When this happens, it is much more common an executive officer quietly fails to enforce the law," Collins said.

Other sheriffs, including Terry Maketa of El Paso County and Justin Smith of Larimer County, have also been adamant critics of the new gun-control legislation.

During a recent town-hall meeting in Colorado Springs, Maketa said he has been in discussions about a lawsuit against the state to block the new laws.

"Chiefs and sheriffs all took an oath to uphold the laws of the state," said Carolyn Tyler, spokeswoman for Colorado Attorney General John Suthers. "However, since Colorado is a local-control state, chiefs and sheriffs should work with local communities and supervisors to determine which laws to prioritize for enforcement."

DemonGeminiX
03-19-2013, 11:47 AM
:-k

You need to get rid of a few legislators in your state, Lance.

Teh One Who Knocks
03-19-2013, 11:48 AM
:-k

You need to get rid of a few legislators in your state, Lance.

More than just a few unfortunately...plus the governor has to go as well :|

Teh One Who Knocks
03-20-2013, 11:14 AM
By Gregory Gwyn-Williams, Jr. - CNS News


Including Sheriff John Cooke of Weld County, Colorado, 340 sheriffs have publicly stated they will not enforce gun laws they believe are unconstitutional.

In response to the passage of two new gun control bills in Colorado last week, Sheriff John Cooke told the Greeley Tribune that he "won't bother enforcing the laws."

One bill requires gun buyers to pay for their own background checks, a service that was previously free and now estimated to cost the buyer $10-$12 per purchase. The second bill puts a 15-round limit on magazines.

Cooke says of the new laws: "They're feel-good, knee-jerk reactions that are unenforceable."

Governor John Hickenlooper is expected to sign each bill into law this week.

Cooke is part of a growing list of sheriffs that have vowed to uphold the Constitution against gun control measures.

The Constitutional Sheriffs and Peace Officers Association (CSPOA) has a running tally of all the sheriffs across the nation that have joined together to defend the Constitution.

At the time of this post, there are 15 sheriffs associations, 340 sheriffs, one police chief and one deputy sheriff who have stated they will not enforce any new gun laws.

As the "Right Views" previously reported, the number of sheriffs taking action continues to climb as the gun control debate heats up.

Acid Trip
03-20-2013, 01:42 PM
Sheriffs are elected and answer to their constituents. Constituents that live next door to them, own the local bar, and coach the high school ball teams. It's one of the closest voter/elected official relationships in the country.

In short, it's a lot easier to get Sheriffs to follow the Constitution than any other law enforcement agency.

PorkChopSandwiches
03-20-2013, 03:19 PM
More than just a few unfortunately...plus the governor has to go as well :|
Move to CA :dance:

Teh One Who Knocks
03-20-2013, 03:42 PM
Move to CA :dance:

I'm not a commie or an illegal :hand:

Acid Trip
03-20-2013, 03:45 PM
I'm not a commie or an illegal :hand:

:rofl:

PorkChopSandwiches
03-20-2013, 03:49 PM
:lol:

DemonGeminiX
03-20-2013, 10:29 PM
Move to CA :dance:

He'd have to learn to enjoy the feeling of taking it up the ass during tax season, plus he'd have to learn to swim in preparation for when the big one hits.