HomeMy WebLinkAbout20190983.tiffRESOLUTION
RE: DECLARE WELD COUNTY TO BE A "SECOND AMENDMENT SANCTUARY
COUNTY"
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 to the United States Constitution, adopted in 1791
as part of the Bill of Rights, protects the inalienable and individual right of the people to keep and
bear arms, and
WHEREAS, the United States Supreme Court in District of Columbia v. Heller, 554 U.S.
570 (2008), affirmed an individual's right to possess firearms, unconnected with service in a militia,
for traditionally lawful purposes, such as self-defense within the home, and
WHEREAS, the United States Supreme Court in McDonald v. Chicago, 561 U.S. 742
(2010), affirmed that the right of an individual to "keep and bear arms," as protected under the
Second Amendment, is incorporated by the Due Process Clause of the Fourteenth Amendment
against the states, and
WHEREAS, the United States Supreme Court in United States v. Miller, 307 U.S. 174
(1939), opined that firearms that are part of ordinary military equipment, or with use that could
contribute to the common defense, are protected by the Second Amendment, and
WHEREAS, Article II, Section 3 of the Colorado Constitution provides that all "persons
have certain inalienable rights, among which may be reckoned the right of enjoying and defending
their lives and liberties; of acquiring, possessing and protecting property; and of seeking and
obtaining their safety and happiness," and
WHEREAS, Article II, Section 13 of the Colorado Constitution provides that 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 in question," and
WHEREAS, Article II, Section 11 of the Colorado Constitution provides that no "ex post
facto law, nor law impairing the obligation of contracts, or retrospective in its operation...shall be
passed by the general assembly," and
WHEREAS, Article II, Section 7 of the Colorado Constitution provides that the "people
shall be secure in their persons, papers, homes and effects, from unreasonable searches and
seizures," and
WHEREAS, Article II, Section 15 of the Colorado Constitution provides that "[P]rivate
property shall not be taken or damaged, for public or private use, without just compensation,"
which the Colorado Supreme Court has indicated includes a legal interference with the physical
use, possession, disposition, or enjoyment of the property, including temporarily, and
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2019-0983
BC0052
RE: DECLARE WELD COUNTY TO BE A "SECOND AMENDMENT SANCTUARY COUNTY"
PAGE 2
WHEREAS, it is the desire of the Board to declare its support of the Second Amendment
to the United States Constitution and to the provisions of the Colorado Constitution which protect
Weld County Citizens' inalienable and individual right to keep and bear arms, and
WHEREAS, the Commissioners each took an oath to support and defend the United
States Constitution, the Colorado Constitution, and the laws of the State of Colorado which are
not deemed unconstitutional by a court of competent jurisdiction.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County be. and hereby is. declared to be a "Second Amendment Sanctuary County."
BE IT FURTHER RESOLVED that the Board affirms its support for the Weld County
Sheriff in the exercise of his sound discretion to not enforce against any citizen an unconstitutional
firearms law.
BE IT FURTHER RESOLVED that the Board will not appropriate funds for capital
construction of building space and purchase of storage systems to store weapons seized pursuant
to the authority and requirements set forth in H.B. 19-1177, if such bill is enacted by the Colorado
General Assembly, and/or for the purpose of enforcing any other law that unconstitutionally
infringes upon the right of the People of Weld County to keep and bear arms.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 6th day of March, A.D.. 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, CgLORADO
ATTEST: Waxasis) csitipeA
Weld County Clerk to the Board
BY.
eputy Clerk to the Boar
APPROVED AS TO FORM:
County Attorney
a
Date of signature: O3/o(oI O (9
bara Kirkmey�r, Chair
Mike Freeman, Pro- em
James
Steve Moreno
2019-0983
BC0052
EXHIBIT INVENTORY CONTROL SHEET
RE: SECOND AMENDMENT SANCTUARY COUNTY
Exhibit Submitted By
A. Dallas Vammer
B. Gary Oplinger
C. Janet Meisinger
D. Mike Brunk
E. Doug Meyer
F. Valerie James
G. Aubrey Rany-Avers
H. Steve Hall
Leslie Hollywood
Steve Reams, Weld
J. County Sheriff
Lori Saine, House District
63, Steve Humphrey,
House District 48, Perry
K. Buck, House District 49
L. Charles McVey
M. Dennis Eastman
N.
O.
P.
Q.
R.
S.
T.
U.
V.
Description
Email in Support of Weld County becoming a Second
Amendment Sanctuary County
Written comments in support of the Board's Resolution
Email comments in support of the Board's Resolution
Email comments in support of the Board's Resolution
Email comments in support of the Board's Resolution
Email comments in support of the Board's Resolution
Written comments opposed to the Board's Resolution
Written comments in support of the Board's Resolution
Written comments in support of the Board's Resolution
Written comments in support of the Board's Resolution
Letter of Support for Weld County becoming a 2nd
Amendment Sanctuary County
Phone call in Support of Commissioner's decision for
2nd Amendment Sanctuary County
Phone call in Support of Commissioners decision for
2nd Amendment Sanctuary County
2019-0983
Esther Gesick
From:
Sent:
To:
Cc:
Subject:
Sean Conway
Monday, March 4, 2019 7:52 PM
Steve Moreno
Dallas yammer; Mike Freeman; Scott James; Barbara Kirkmeyer; Steven Reams
Re: Weld County 2A Sanctuary County
Dallas - thank you for your email. The Weld County Board of County Commissioners will be considering a resolution at
our Wednesday, March 6th meeting to act on the request. The hearing will begin at 9 am at 1150 O Street in Greeley
and I invite you to attend the hearing. I will make sure your comments are part of the record. Sean Conway - Weld
County Commissioner At -Large.
Sent from my iPhone
> On Mar 4, 2019, at 9:45 PM, Steve Moreno <smoreno@weldgov.com>wrote:
>
> Dallas,
>
> Thanks for your email.
>
> Steve Moreno
> Weld County Commissioner At Large
> 1150 O Street
> PO Box 758
> Greeley CO 80632
> Phone: 970-336-7204 Ext. 4207
> Fax: 970-336-7233
> Email: smoreno@co.weld.co.us
> Website: www.co.weld.co.us
>
>
>
>
> Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only
for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
> -mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
>
> Original Message
> From: Dallas Vammer <scattergunpete@icloud.com>
> Sent: Monday, March 4, 2019 7:38 PM
> To: Mike Freeman <mfreeman@weldgov.com>; Scott James <sjames@weldgov.com>; Barbara Kirkmeyer
<bkirkmeyer@weldgov.com>; Sean Conway <sconway@weldgov.com>; Steve Moreno <smoreno@weldgov.com>
> Cc: Steven Reams <sreams@weldgov.com>
> Subject: Weld County 2A Sanctuary County
>
> Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless
you recognize the sender and know the content is safe.
1
>
>
> Dear Weld County Commissioners,
> By now you are all well aware of the "Red Flag Bill" working its way through Colorado's legislative system and which
will very likely be signed into law by Governor Jared Polls
> I'm in complete agreement that we should do everything possible to help someone with mental health issues toward
healing but this bill does nothing toward that end It lacks proper due -process protections and leaves far too much room
for abuse It simply removes an individual's personal property who may or may not be "at -risk" and puts law
enforcement personnel unduly in a likely hazardous situation
> This is clearly just another gun confiscation bill guised under mental health auspices If it weren't, then additinally it
would mandate that the person's knives, scissors, rope, hammers, vehicles, baseball bats and anything else the
individual might use to harm him/herself or others all be confiscated as well Foremost, there would be provisions in the
bill to direct the individual toward proper mental health evaluation and treatment, but there are none
> We citizens of Weld County Colorado are very fortunate that we have a sheriff, Sheriff Steve Reams, who also
understands this and respects the oath he took to uphold and defend the Constitution of the United States In
understandable frustration with events now taking place at our state's capitol that directly contradict his oath, he has
made a recommendation that Weld County become a 2nd Amendment Sanctuary county in an attempt to give him and
his department means by which he and those in his department can uphold the oath they all have taken
> This is a movement that is not unique to Colorado and is taking place in many states across our country where rural
values and their chosen governance are being derided and disrespectfully overrun by so-called "Progressives" at the
state level
> I, as a citizen of Weld County, ask you to act on Sheriff Reams' recommendation , and per his guidance, declare Weld
County, Colorado, a 2nd Amendment Sanctuary County
> Where we will have to go from here remains to be seen, but this is a very necessary first step in protecting the
Constitutional rights of not only the citizens of Weld County, but also those who devote their lives to protecting us
citizens who work within the Weld County Sheriffs Department
>
> Sincerely,
>
> Dallas Vammer
> 1201 Baldridge Drive
> Severance, CO 80615
>
> Cell (970) 219-4330
>
2
I
For once I stand here in favor of a proposal by the BoCC. I strongly urge you to
declare Weld Count a Gun Rights Sanctuary. As currently written House Bill 19-
1177 will infringe on a number of rights guaranteed by the Constitution. Besides
the Second Amendment, the Fourth Amendment right to protection against
unreasonable searches and seizures, The Fifth and 14th Amendment rights to due
process, the Sixth Amendment right to confront accusers, and the 7th Amendment
right to trial by jury may also be infringed.
In addition, this bill may create a federal trap for gun owners. Even if a judge
rules against a year -long confiscation of firearms for an accused, an Extreme Risk
Protection Order will have been generated that will bar gun ownership from a
federal perspective.
Finally, this bill creates a higher legal standard to return a firearm to its owner
than to confiscate it in the first place.
This bill is a back -door invitation to confiscation of firearms from law-abiding
citizens. I can support legislation that removes firearms from the hands of the
mentally unbalanced, but only if Constitutional rights are preserved.
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DENVER -The "Red Flag" bill moving through the Colorado Legislature has been the subject of plena of debate,
but as it stands now, for persons against whom even a temporary Extreme Risk Protection Order (ERPO) has been
issued there is a risk they could be trapped into inadvertently violating federal gun control laws.
House Bill tq-tt'— requires that at the initial et pane hearing (where the subject is excluded), and based on a
judge finding by a preponderance of the evidence that the person meets the `danger to self or others- standard, a
ruling issuing a temporary ERPO and search and seizure warrant to confiscate guns is required.
According to federal regulations provided to Complete Colorado by the
federal Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE) someone
is 'adjudicated as a mental defective" if found by a 'court, board, commission
or other lawful authority to be, among other things, -a risk to himself or
others.'
A strict reading of the tederal law suggests that a person under any ERPO ha_,
been 'adjudicated as a mental defective by a judge and is barred from all gun
ownership from the federal perspective.
The potential threat to gun owners is that even if the judge declines to issue the
year -long order, there is still an adjudication and a temporary ERPO on record
that arguabir prohibits people fror getting their guns back until another court proceeding required by federal law
to relieve that disability is held.
As well, an ERPO that expires without further court action at the end of the statutory time period of 364 days
doesn't meet the standard for relief from the federal gun -ownership disability.
Prior to 2008, a judicial finding that a person was a danger to himself or others permanently revoked a person's
rt,ght to keep and bear arms. This disqualified many people suffering from temporary mental health issues from
gun ownership for life.
The tederal NICS Improvement Amendments Act of 200 provides, among other things, a pathway for people who
were barred from gun ownership due to temporary mental illness to regain their rights once they are no longer in
crisis.
The 2007 federal law says that a state can provide relief from the federal ban by creating a program for granting
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The 2007 federal law says that a state can provide relief from the federal ban by creating a program for granting
relief in state law. The law must provide that a 'state court, board, commission or other lawful authority' grant the
relief.
Colorado passed just such a statute in 2013 that is found at C.R.S. 13-5-142.5
When petitioned, the court may grant relief if it finds the person is 'not likely to act in a manner that is dangerous
to the public safety' and that the relief is not 'contra' to the public interest:
The catch is that only persons who have been "found to be incapacitated,' `committed by order of the court' to the
custody of the state, or for whom the court has entered an order for short term treatment or (or long-term care of a
mental health disorder are eligible to petition for relief.
The bill does not address this situation, meaning that the subject of either a temporary or yearlong ERPO might
not be eligible to petition for relief under existing Colorado law.
Both federal and Colorado statutes say" that persons taken in for observation on a 72 -hour mental health hold or
those who voluntarily admit themselves to a psychiatric facility do not qualify as being 'committed to a mental
institution.' which is another event that disqualifies gun ownership- But the Colorado ERPO hill doesn't require a
person adjudicated as dangerous to get anv mental health treatment at all.
This potentially puts people who are issued temporary ERPOs pending a full hearing. those who are not issued an
ERPO at the full hearing and those for whom an ERPO expired without further court action to the position of
having to go back to court to relieve the federal prohibition, if they even know they must do so, only to find that
they are not eligible to petition for relief under state law.
Denver Field Division BATFE Public Information Officer Mary Markos. declined to provide any official
interpretation of the federal statute. When asked about this potential problem, she responded in an email saving,
'Please reach back out with your questions after the bill has passed with its final language
Related Articles
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Kopel and Greenlee: Plena" of red flags in Colorado's 'extreme risk' protection order bill
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Esther Gesick
Subject: FW: BREAKING: Two Colorado Counties Declared Gun Rights Sanctuaries As Red Flag
Bill Looms
From: meiiml@mindspring.com <mejiml@mindspring.com>
Sent: Wednesday, February 27, 2019 11:40 AM
To: me'im1@mindspring.com
Subject: BREAKING: Two Colorado Counties Declared Gun Rights Sanctuaries As Red Flag Bill Looms
Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
Weld and Larimer Counties need to become 2"d Amendment Sanctuaries as well.
Progressive is often NOT progress. Let's get back to the basics — our Bill of Rights!!!
We still may have to declare independence from the corrupted state legislature and this is one great
and simple way to do it!
Janet Lee Meisinger
Weld County
BREAKING NEWS: Two Colorado Counties Declared Gun Rights Sanctuaries As Red
Flag Bill Looms
http://www.ral lyforourrights.com/fremont-montezuma-Colorado-counties-declared-second-
amendment-sanctuary-red-flag-ergo/
Thanks to: Russ
Sent: Wednesday, February 27, 2019 9:54 AM
Subject: BREAKING: Two Colorado Counties Declared Gun Rights Sanctuaries As Red Flag Bill Looms
This could be an opportunity to go beyond the 2nd Amendment issue and use it as an opportunity to
school legislators and the public on the power and authority of their Sheriffs Office. All
government powers are delegated to it by the People which means the People possess All powers
and do Not relinquish delegated powers and the Office of Sheriff is the People's final political
safeguard for the preservation of their powers. The Sheriff is referred to as a Peace Keeper or
Peace Officer because the Office is designed to handle matters politically whenever possible. If it's
not possible then the People/Men organize to bolster the Office of the Sheriff and exert the will of
the People; which may require a suspension of Peace and exercising the 2nd Amendment according
to its intended purpose. Very simple but not taught in our government schools for several
generations now.
1
Esther Gesick
Subject: FW: 2nd ammendment sanctuary county
From: CenturyLink Customer <mikeandjoanb@q.com>
Sent: Sunday, March 03, 2019 9:56 AM
To: Karla Ford <kford@weldgov.com>
Subject: 2nd ammendment sanctuary county
Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
Greetings. My name is Mike Brunk and I reside at 121 b st, Ault. I support this action because the
red flag bill would chip away at my 2nd Ammendment rights (as intended by the liberal left).This
assault on my rights would be another step toward federal registration and eventually confiscation.
Also as intended by the liberal left. I realize it might be only symbolic, although I'm not an attorney,
but I do encourage the Commisioners take this action.
Thank you
1
Esther Gesick
Subject: FW: 2nd Amendment
From: Karla Ford
Sent: Wednesday, March 06, 2019 8:27 AM
To: Commissioners <COMMISSIONERS@co.weld.co.us>; Jennifer Finch <
Subject: 2nd Amendment
finch@weldgov.com>
Doug Meyer, 97O-454-8747, just called to give his support to the resolution you will be passing today. He has talked
many neighbors and friends and they are all in support as well. He wanted me to pass along his support!
Karla Ford
Office Manager, Board of Weld County Commissioners
1150 0 Street, P.O. Box 758, Greeley, Colorado 80632
:: 970.336-7204 :: kford(weldgay.com :: www.weldgov.com ::
My working hours are Monday -Thursday 7:00a.m.-4:00 p.m.
Friday 7:00a.m. - Noon
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed
and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please
immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of
this communication or any attachments by anyone other than the named recipient is strictly prohibited.
1
Esther Gesick
Subject: FW: 2nd Amendment
From: Valerie Mackenna <vmackenna66@gmail.com>
Sent: Wednesday, March 06, 2019 7:46 AM
To: Karla Ford <kford@weldgov.com>
Subject: 2nd Amendment
Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
To whom This May Concern,
As a tax payer and a natural born citizen of the United States of America, I emplore you to uphold our Constitutional
rights, ALL the rights granted to us by our founding fathers.
Please do not turn your back on corruption within the political system , especially with the Unconstitutional " Red Flag"
laws that dirty politicians came up with.
Please, I emplore you to do the right thing.
Sincerely,
Valerie James
Weld county citizen
1
Good morning. Thank you for taking the time to hear my thoughts this morning. I am speaking
today on the proposal to make us a Sanctuary County in response to House Bill 1177. I feel this
title is misleading, and where I would like to begin. Weld County is not in need of being a
"Second Amendment Sanctuary County." because this freedom is not at risk right now. The
Second Amendment is mentioned frequently when gun legislation is proposed, but rarely in full.
To quote the entire Second Amendment: "A well -regulated militia being necessary for the
security of a free state; the right of the people to keep and bear arms shall not be infringed."
Well -regulated.
The truth is we live in a regulated society, and we do so understanding that at times our rights
have limits when they begin to infringe on someone else's. My right to drive a car will be
revoked if I drive drunk and am a danger to myself and others. Even my most primal and basic
right to mother my children will be revoked if I am a danger to them or to myself.
In the same way, the Extreme Risk Protection Order bill would come into effect only when the
court is petitioned, under penalty of perjury, that someone is a significant risk to themselves or
others and they possess or could purchase a firearm. The analysis would be done by a judge and
with the exception of the judge possibly require an emergency 14 day order, action would he
taken only after a full hearing where all parties are represented by counsel.
The Commissioner's resolution mentions the Colorado Constitution (Article II Section 7) right
that we be free of unreasonable seizures. To avoid that, Bill 1177 creates a process that is
expedient, serious, and handled with due process.
In a nationwide study of mass shootings from 2009 to 2017, in half of these cases the shooter
showed a warning sign. In Colorado, on average someone commits suicide by gun every 16
hours. Thirteen states have already enacted similar laws and there is sound evidence that they can
help prevent firearm suicides.
Governing is not an infallible task. Governing by using the "slippery slope" argument to prevent
positive change isn't acceptable either. I fully support the right to own a gun, and also, I want our
community to be free from gun violence when it is preventable.
1 am here today on behalf on myself and my family as long-time Weld County residents, asking
you to please, as our leaders, support common-sense gun laws in the interest of public safety.
Allow Weld County be a sanctuary for each and every one of us, not just those that are a
significant risk to themselves or others. Thank you.
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Oelits nier18, U.S.C., Section 242 - DOJ
Section 242 of Title 18 makes it a crime for a person acting under color of
any law to willfully deprive a person of a right or privilege protected by the
Constitution or laws of the United States.
For the purpose of Section 242, acts under "color of law" include acts not
only done by federal, state, or local officials within the their lawful authority,
but also acts done beyond the bounds of that official's lawful authority, if the
acts are done while the official is purporting to or pretending to act in the
performance of his/her official duties. Persons acting under color of law
within the meaning of this statute include police officers, prisons guards and
other law enforcement officials, as well as judges, care providers in public
health facilities, and others who are acting as public officials. It is not
necessary that the crime be motivated by animus toward the race, color,
religion, sex, handicap, familial status or national origin of the victim.
The offense is punishable by a range of imprisonment up to a life term, or
the death penalty, depending upon the circumstances of the crime, and the
resulting injury, if any.
TITLE 18, U.S.C., SECTION 242
Whoever, under color of any law, statute, ordinance, regulation, or
custom, willfully subjects any person in any State, Territory,
Commonwealth, Possession, or District to the deprivation of any rights,
privileges, or immunities secured or protected by the Constitution or laws
of the United States, ... shall be fined under this title or imprisoned not
more than one year, or both; and jf bodily injury results from the acts
committed in violation of this section or if such acts include the use,
attempted use, or threatened use of a dangerous weapon, explosives, or
fire, shall be fined under this title or imprisoned not more than ten years,
or both; and if death results from the acts committed in violation of this
section or jf such acts include kidnaping or an attempt to kidnap,
aggravated sexual abuse, or an attempt to commit aggravated sexual
abuse, or an attempt to kill, shall be fined under this title, or imprisoned
for any term of years or for life, or both, or may be sentenced to death.
40,A-0 44Atio
Title 18, U.S.C., Section 242 ® DOJ
Section 242 of Title 18 makes it a crime for a person acting under color of
any law to willfully deprive a person of a right or privilege protected by the
Constitution or laws of the United States
For the purpose of Section 242, acts under "color of law" include acts not
only done by federal, state, or local officials within the then lawful authority,
but also acts done beyond the bounds of that official's lawful authority, if the
acts are done while the official is purporting to or pretending to act m the
performance of his/her official duties Persons acting under color of law
within the meanmg of this statute mclude police officers, prisons guards and
other law enforcement officials, as well as judges, care providers in public
health facilities, and others who are acting as public officials It is not
necessary that the crime be motivated by animus toward the race, color,
religion, sex, handicap, familial status or national origm of the victim
The offense is punishable by a range of imprisonment up to a life term, or
the death penalty, depending upon the circumstances of the crime, and the
resultmg injury, if any
TITLE 18, U.S.C., SECTION 242
Whoever, under color of any law, statute, ordinance, regulation, or
custom, willfully subjects any person in any State, Territory,
Commonwealth, Possession, or District to the deprivation of any rights,
privileges, or immunities secured or protected by the Constitution or laws
of the United States, ... shall be fined under this title or imprisoned not
more than one year, or both; and if bodily injury results from the acts
committed in violation of this section or if such acts include the use,
attempted use, or threatened use of a dangerous weapon, explosives, or
fire, shall be fined under this title or imprisoned not more than ten years,
or both; and if death results from the acts committed in violation of this
section or if such acts include kidnaping or an attempt to kidnap,
aggravated sexual abuse, or an attempt to commit aggravated sexual
abuse, or an attempt to kill, shall be fined under this title, or imprisoned
for any term of years or for life, or both, or may be sentenced to death.
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Good morning and thank you for the opportunity to speak today. For those in the
room that don't know me, my name is Steve Reams and I am the elected Sheriff
of Weld County. I'd like to start out by saying that I am not a constitutional
scholar, I'm not an attorney, nor am I an aspiring legislator; I'm simply a Sheriff
that is trying to do what is right by the citizens of Weld County. I am very grateful
that the board is considering adopting a resolution to make Weld County a 2nd
Amendment Sanctuary County. While this opportunity is largely symbolic to
some, it is tragically important for the reason of expressing displeasure to the
legislators in Denver who continue to propose and pass legislation that is bad for
the citizens of Colorado and Weld County specifically.
The latest bill that has brought us to this point is House Bill 19-1177, also
commonly known as the red flag bill. I testified against this same bill a few weeks
back in front of the Colorado house judiciary committee and in that testimony, I
admitted then, just as today, that I am an unabashed supporter of the 2nd
Amendment. But the serious concerns about the constitutionality of House Bill
1177 do not lie solely in the potential threats to our 2nd amendment rights. In
fact, the bill is so riddled with constitutional problems that it makes it hard to
understand how professional law makers could have constructed something so
terrible.
In short, HB-1177 provides some serious concerns about due process provisions
as provided by the 14th amendment in that a person can have their rights taken
away and their guns confiscated all without ever having a chance to appear at the
initial court hearing or cross examine accusers and witnesses in person; in legal
terms, an ex parte hearing
HB-1177 also has language that allows for a judge to issue a search warrant and
order law enforcement to perform a search on the word of a third -party affiant
who meets the legal burden of "preponderance of the evidence" when our fourth
amendment clearly defines that no search shall be conducted without probable
cause. Even if we can make the argument that probable cause and
preponderance of the evidence are equal, the person who is having their rights
stripped doesn't get to make that argument on their own behalf because of the
use of an ex parte hearing.
But just as I did when I testified to the house judiciary committee, I won't simply
focus on the potential violations of the constitution that are in the current version
of this bill, instead I will comment about what this bill absolutely fails to address
The title of HB-1177 is Extreme Risk Protection Orders which would lead one to
believe that this law is focused on dealing with people that create an extreme risk
to themselves or others Shockingly, the bill instead uses a much lower legal
standard of a person being a "significant risk" to themselves or others by being in
possession of firearms or having the ability to possess firearms
And although I heard numerous people testify and speak about how this bill is a
mental health bill that would save lives, they failed to acknowledge that this bill
does absolutely nothing to address mental health treatment for a person who is
deemed to be a significant risk
I will be the first one to tell you that I believe we have plenty of challenges facing
our county, this state and our country when it comes to the treatment of mental
illness but unfortunately our legislators continue to ignore the real problem
Instead, our legislators have disguised a poorly crafted gun confiscation bill as a
mental health bill that will do nothing to get to the true root problem
Again, thank you for your consideration in adopting this resolution and I ask that
the board prepare for future steps in this fight on behalf of the citizens of Weld
County if or when this bill is signed into law
State Representative
LORI SAINE
Colorado State Capitol
200 East Colfax Avenue, Room 307
Denver, Colorado 80203
Office: 303-866-2906
lori.saine.houserd,state.co.us
co.us
COLORADO
HOUSE OF REPRESENTATIVES
STATE CAPITOL
DENVER
80203
Weld County Board of Commissioners
1150 O Street
Greeley, CO 80632
March 1, 2019
Honorable Weld County Commissioners,
MINORITY CAUCUS CHAIR
Member:
Energy & Environment
Committee
Legislative Audit Committee
Legislative Council Committee
As Representatives of the Colorado House, we want to offer our emphatic support for Weld
County becoming a 2nd Amendment Sanctuary County. With the introduction and probable
passage of HB 1177, Concerning Extreme Risk Protection Orders, (ERPO) the State of Colorado
will have violated the Constitution of the United States that lawmakers have sworn to uphold.
HB 1177 violates our citizen's God-given right to self-defense. It allows the possibility that
women and children could be left defenseless if an ex -spouse or domestic partner were to use an
extreme risk protection order to gain an advantage.
As our Weld County Sheriff Reams pointed out, HB 1177 is an attack on firearms and firearms
ownership under the disguise of trying to help people that suffer from mental disturbance. And in
addition, a strict interpretation of federal law may ban all gun ownership from a person served
with a Colorado ERPO. Without a mental health component in the bill, HB 1177 is just about
gun confiscation.
Weld County Citizens need an Extreme Risk Protection Order served on bills like HB 1177;
therefore we request that a resolution be signed by the Weld Commissioner Board ensuring as far
as your local authority extends, the Constitution of the United States is the supreme law of the
land in Weld County and that we are declared air 2nd Amendment Sanctuary County.
Sincerely,
State Representative Loriacne, House District 63
State dative Steve Humphrey, House District 48
ate Represe'ative Perry Buck, House District 49
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Chloe Rempel
From:
Sent:
To:
Cc:
Subject:
Chloe Rempel
Wednesday, March 6, 2019 11:13 AM
Karla Ford; Jennifer Finch
Esther Gesick
Call of Support
Charles "Charlie" McVey, called to state his support in the Commissioner's decision to pass the resolution to
declare Weld County as a "Second Amendment Sanctuary County".
(970) 378-0435
Chloe A. Rempel
Deputy Clerk to the Board
Weld County
1150 O Street
Greeley. CO 80631
tel: 970-400-4213
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
i
Chloe Rempel
From:
Sent:
To:
Cc:
Subject:
Chloe Rempel
Wednesday, March 6, 2019 1:46 PM
Stephanie Frederick
Karla Ford; Esther Gesick
Additional Exhibit - Call of Support
Dennis Eastman called to state his support in the Commissioner's decision to pass the resolution to declare
Weld County as a "Second Amendment Sanctuary County".
(970) 500-4017
Chloe A. Rempel
Deputy Clerk to the Board
Weld County
1150 O Street
Greeley. CO 80631
tel: 970-400-4213
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
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