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Home My WebLink About20130288.tiffRESOLUTION RE: EXPRESSION OF SUPPORT FOR THE SECOND AMENDMENT OF THE UNITED STATES CONSTITUTION AND ARTICLE II, SECTION 13 OF THE COLORADO CONSTITUTION PROTECTIONS OF THE RIGHT TO BEAR ARMS BY LAW ABIDING CITIZENS WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Second Amendment of the United States Constitution provides: "A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed," and WHEREAS, Article II, Section 13 of the Colorado Constitution states: "The right of no person to keep and bear arms in defense of his home, person and property, or in aid of the civil power when thereto legally summoned, shall be called into question," and WHEREAS, the Second Amendment protects the rights of self-defense, defense of others and defense of the nation, and assumes the rights to hunting and sport shooting, and WHEREAS, it is estimated that more than 70 million people, representing more than half of the households in America, have chosen to lawfully exercise their rights to bear arms and defend themselves and their families, and WHEREAS, the vast majority of all lawfully -owned firearms in the United States are not used in a crime, and WHEREAS, in 2008, the United States Supreme Court, in the case of District of Columbia v. Heller, 554 U.S. 570 (2008), ruled that the Second Amendment protects an individual's (rather than a collective) right to keep and bear arms, and in 2010, in the United States Supreme Court further opined in the case of McDonald v. City of Chicago, 130 S.Ct. 3020 (2010), that the right of an individual to keep and bear arms protected by the Second Amendment is incorporated into the Due Process Clause of the Fourteenth Amendment, and applies to the States, and WHEREAS, studies by the National Academies of Sciences and the Centers for Disease Control have found no persuasive evidence that "gun control" laws reduce crime, and WHEREAS, today, Americans are safer from violent crime than they have been at any time since the mid -1960's. LL. soot ¶0 ; ,4E1d J.ite- F 30-t.9 2013-0288 BC0044 RE: EXPRESSION OF SUPPORT FOR THE SECOND AMENDMENT OF THE UNITED STATES CONSTITUTION AND ARTICLE II, SECTION 13 OF THE COLORADO CONSTITUTION PROTECTIONS OF THE RIGHT TO BEAR ARMS BY LAW ABIDING CITIZENS PAGE 2 NOW, THEREFORE, be it resolved by the Board of County Commissioners, that the Board expresses its support of the Second Amendment of the United States Constitution and Article II, Section 13 of the Colorado Constitution protections of the right to bear arms by law abiding citizens. BE IT FURTHER RESOLVED by the Board that it strongly urges the United States Senate to reject international treaties that will infringe on the Second Amendment rights of American citizens, including, without limitation, the United Nations (UN) Arms Trade Treaty, Inter -American Convention Against Illicit Manufacturing of and Trafficking in Firearms ("CIFTA"), or the UN Programme of Action. BE IT FURTHER RESOLVED that the Board strongly urges the United States Congress and the Colorado General Assembly to refrain from enacting new legislation that would infringe on the rights that are protected by the Second Amendment of the United States Constitution and Article II, Section 13 of the Colorado Constitution as set forth herein. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 28th day of January, A.D., 2013. BOARD OF COUNTY COMMISSIONERS WELD COUN1)Y: COLORADO ATTEST: ew e.o. ^-•+32 V' Weld County Clerk to the Boar BY: Deputy Cler APPROVE o the Bo TO FORM: hty Attorney Barbara Kirkmeyer Date of signature: /mil 9? (75' Wi`llam CF.Garcia Chair can P. Conway Mike Freeman Freeman EXCUSED i 2013-0288 BC0044 EXHIBIT INVENTORY CONTROL SHEET RESOLUTION 2013-0288 Exhibit Submitted By Description Example of wording for a Firearm Protection Act A. Timothy Daniels Schaely Modeled after a bill passed in the State of Texas B. F. G. H. J. K. L. M. O. Q. R. S. T. U. V. W. 2013-0288 201 3 STATE OF COLORADO HOUSE BILL NO. 7 Firearm Protection Act. Sponsored by: Representative(s) Scott Renfroe A BILL for 1 AN ACT relating to firearms; providing that any federal law 2 which attempts to ban a semi -automatic firearm or to limit 3 the size of a magazine of a firearm or other limitation on 4 firearms in this state shall be unenforceable in Colorado; 5 providing a penalty; and providing for an effective date. 6 7 Be It Enacted by the Legislature of the State of Colorado: 8 9 10 11 12 citizens. 1 3 Section I.W.S. 6-8-405 is amended to read: s�j(J`rj 6-8-405. Offenses and penalties; defense of Colorado �Dis ( )c t) 14 (a) No public servant as defined in,(CS. S. 6-5-101, or 15 dealer selling any firearm in this state shall enforce or 16 attempt to enforce any act, 1 law, statute, rule or 2013 STATE OF COLORADO 1 regulation of the United States government relating to a 2 personal firearm, firearm accessory or ammunition that is 3 owned or manufactured commercially or privately in Colorado 4 and that remains exclusively within the borders of Colorado. 5 (b) Any official, agent or employee of the United 6 7 States government who enforces or attempts to enforce any 8 act, order, law, statute, rule or regulation of the United a firearm 9 States government upon a personal firearm,or a firearm accessory . 10 accessory or ammunition that is owned or manufactured 11 commercially or privately in Colorado and that remains 12 exclusively within the borders of Colorado shall be guilty 13 of a emeaae felony and, upon conviction, shall be 14 subject to imprisonment for not more less than one (1) year 15 and one (1) day or more than five (5) years, a fine of not 16 more than five thousand dollars ($5,000.00) 17 18 19 (c) The attorney general may defend a citizen of 20 Colorado who is prosecuted by the United States government 21 for violation of a federal law relating to the manufacture, 22 sale, transfer or possession of a firearm,or gi€i2Ec$m 23 accessory or ammunition owned or manufactured and retained 24 exclusively within the borders of Colorado. 2 2013 1 2 lril Any federal STATE OF COLORADO law, rule, regulation or order 3 created or effective on or after January 1, 2013 shall be 4 unenforceable within the borders of Colorado if the law, 5 rule, regulation or order attempts to: 6 7 (i) Ban or restrict ownership of a semi - 8 automatic firearm or any magazine of a firearm; or 9 (ii) Require any firearm, magazine or other 10 11 firearm accessory to be registered in any manner. 12 13 Section 2. This act is effective immediately upon 14 completion of all acts necessary for a bill to become law Section 8 of the Colorado Q�i©.(E %ate 15 as provided by Article 4, 16 Constitution. 17 18 (END) 3 Hello