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In a deliberate move to catch gun control activists off guard, an organization representing Colorado sheriffs in a lawsuit over a series of recently passed gun control laws abruptly announced the filing of the suit in federal court today.
“We did that deliberately,” David Kopel, an attorney with the Independence Institute, which is handling the case, said. “We wanted to catch our opponents who support gun control off guard.”
As recently as Wednesday, the Independence Institute was suggesting the filing was still a few weeks off. Appearing at a rally against another bill, Amy Oliver Cooke, wife of Weld County Sheriff John Cooke, said they were planning to file the suit in the next couple of weeks.
The suit, which was filed in federal district court, lists 54 out of the state’s 64 sheriffs as plaintiffs in the case.
Kopel says what is significant to note is that while not all sheriffs are party to the suit, not a single sheriff has come out in opposition to it.
Cooke had harsh words for critics in the media and others who questioned whether a government official should sue another government official.
“Some in the media … asked me if I think it’s a good idea or if it’s appropriate for [a] government official to sue another government official. My response is unequivocally yes. It is our duty and responsibility as sheriffs to protect the people who elected us and whom we serve.”
At a recent event in Fort Collins by the Independence Institute providing updates on the case, Cooke said he was proud that gun control supporters are nervous over the lawsuit.
“When we announced our opposition to these gun control laws, the Greeley Tribune ran a story titled, ’48 Sheriffs going Rogue on Guns,’” Cooke said. “They should be fearing us. What right does the state have dictating how many rounds of ammunition [a woman] can have to defend herself?”
The lawsuit isn’t just limited to law enforcement officials, but lists a variety of organizations including the Colorado Farm Bureau, which has expressed concerns about rural farmers and ranchers having to deal with predators, Women for Concealed Carry, and the Colorado Outfitters Association.
“We have a diverse number of plaintiffs in this case. We are celebrating diversity,” Kopel said. “The difference is we actually believe in genuine diversity.”
Cooke noted that the lawsuit was not a partisan issue, with Republican and Democratic sheriffs both taking part in the lawsuit.
“This is not about urban versus rural as the governor likes to portray it,” Cooke said. “We have rural and urban plaintiffs in this case. It is about the Constitution. It is about the 2nd and 14th amendments. The suit is about our way of life, our freedoms, our rights, our liberties which transcend political affiliation and place of residence.”
Within minutes following the announcement of the filing of the suit, Republican Atty. Gen. John Suthers, who will be defending the state in the lawsuit, finally issued a statement providing guidance to law enforcement on how they are supposed to enforce the new laws.
Under the existing laws, any magazine that holds greater than 15 rounds, or can be modified to hold greater than 15 rounds, is now illegal to purchase in the state. The problem is nearly all magazines are designed with features that make them readily expandable to hold more than 15 rounds. The law’s wording effectively bans all magazines in Colorado.
Suthers said in the guidelines that magazines “must be judged objectively” and that a magazine holding 15 rounds or fewer cannot be defined as “large capacity” just because it can be modified to hold more.
While those currently possessing magazines greater than 15 rounds, the law prevents the transfer of any of these magazines. The wording states the grandfather clause only applies as long as the holder “maintains continuous possession” of it. Cooke and other sheriffs have pointed out that based on this wording, anyone who gives their magazine to a gunsmith or asks for help on a shooting range with a jammed magazine is now violating the law.
Suthers said “an owner should not be considered to have transferred a large capacity magazine or lost continuous possession of it simply by handing it to a gunsmith, hunting partner, or an acquaintance at a shooting range.”
However, the problem is Suther’s statement is just what it says, guidance, and it does not hold the force of law. Any officer can choose to disregard Suther’s recommendations anytime he chooses in favor of the plain text of the law.
The lawsuit also claims the gun control measures violate the Americans with Disabilities Act as well as individual civil rights.
Dylan Harrell, one of the disabled plaintiffs in the case, said his disability, which confines him to a wheelchair often makes it more difficult for him to defend himself or his family. He also noted that as an outdoorsman, when exiting his vehicle he needs help.
“I often request the assistance for the safe handling of my firearms anytime I am transferring from a wheelchair to an ATV or another vehicle,” Harrell explained. “It is now against the law for me to even seek assistance anytime I am transferring my firearms for my wheelchair to another vehicle. I am filing this lawsuit on the half of all Coloradans with disabilities such as my own.”
The suit noted that disabled citizens often find it difficult to change magazines quickly, which could be a serious threat to their life if their weapon is needed for self-defense.
Colorado’s far left government this year is controlled by Democrats in the governor’s office, in the House and the Senate. They rammed through a number of gun restrictions and limits – at the behest of the White House.
During debate over the gun control measures, the vast majority of citizens testifying before the legislature were opposed to any new gun control laws. However, frequently their testimony was dismissed and treated with disdain by Democratic lawmakers who seemed to have already made up their minds about passing the laws.
State Sen. Evie Hudak, D-Westminster, scolded a witness opposing one of the gun restrictions.
Amanda Collins, 27, of Reno, Nev., was telling her story of being assaulted and explained that had she been carrying a concealed weapon, the incident might have ended differently.
“I just want to say that, actually statistics are not on your side even if you had a gun,” Hudak scolded. “And, chances are that if you would have had a gun, then he would have been able to get that from you and possibly use it against you.”
Hudak continued, speaking over the committee witness, “The Colorado Coalition Against Gun Violence says that every one woman who used a handgun in self-defense, 83 here are killed by them.”
Finally able to resume her testimony, Collins said, “Senator, you weren’t there. I know without a doubt [the outcome would have been different with a gun].
“He already had a weapon,” she told the meeting of the Senate State, Veterans and Military Affairs Committee. “He didn’t need mine.”
On 05-07-13, deputies from the Siskiyou county sheriff’s office responded to a report of a burglarized home on Ager Beswick Road in the Copco area. The home owner reported that they had video surveillance footage of the suspect. Deputies utilized the footage to identify the suspect, Jonathon Robert Davis, 22, Grants Pass.
Mr. Davis was arrested for burglary as well as possession of methamphetamine. Mr. Davis was booked into the Siskiyou County Jail and is being held on $50,000 bail.
On 05-08-13, deputies and detectives executed a search warrant at Davis’ Copco residence, where several items related to the Ager Beswick burglary were recovered.
Throughout the investigation Deputies and Detectives have learned that there are multiple other residences in the Copco area that have recently been burglarized, that are part of the continuing investigation. If anyone has any information regarding these burglaries please contact Detective Yves Pike at (530)841-2900.
The Siskiyou County Sheriff’s Office would like to commend the homeowner for utilizing a home security system that produced evidence that led to the arrest of Mr. Davis. As homeowners it is always a good investment to have security systems, locks and even video cameras to help protect your home and valuables.
On May 8, 2013 at about 8:0 p.m. the Siskiyou County Sheriff’s Office (SCSO) received a call of two lost subjects in the Castle Lake area in Mt. Shasta. Siskiyou County Sheriff Deputy located the vehicle belonging to the missing individuals at the Castle Lake parking area.
Additional information came in stating the subjects were attempting to hike to Heart Lake from the Castle Lake parking area. Siskiyou County Search and Rescue (SAR) responded to the location to begin searching. Siskiyou County Search and Rescue (SAR) searched into the early hours of May 9 before receiving information that the two individuals did not have any injuries and were ok for the night. SAR redeployed teams in morning at about 7:00 a.m.
The subjects were located near Ney Springs about four miles north east of Castle Lake at about 10:00 a.m. by California Highway Patrol (CHP) Air Ops H14. SAR ground searchers were given the exact location and were able to walk to their location and helped the two subjects back to their vehicle. The subjects declined any medical attention and left.
The Siskiyou County Sheriff’s Office on behalf of Sheriff Lopey, “is pleased that these two people were located and returned home safely. We would like to take this opportunity to remind everyone to always be prepared when hiking carry water, food, layered clothing and a reliable means of communication. Advise relatives or friends of where you are going, what route you will be taking and when you plan to return. We would like to thank the SCSO Deputies, SAR Volunteers, and CHP ground and aviation personnel assisting us with this search and rescue operation.”
On Sunday April 21, 2013 at approximately 4:30am the Siskiyou County Sheriff’s Office (SCSO) received a report of a shooting at a residence on Soda Creek Road in Siskiyou County. Upon contacting the shooting victim the investigation revealed that several windows of the Soda Creek home had been shot out. The victim stated that the suspect, Donald Dixon, 38, of Gazelle had forced his way into the home and an altercation had taken place in which several shots were fired. Mr. Dixon then fled the area with a female that was also at the residence at the time of the incident. The victim was taken to an area hospital where he was treated and released for injuries sustained in the altercation.
While responding to the call Deputies discovered an overturned vehicle matching the suspect’s vehicle. The suspect was not in the vehicle, Deputies searched the surrounding the area and enlisted the assistance of the California Highway Patrol helicopter, they were unable to locate the suspect or the female that was reported to be with him. Later in the morning Deputies were informed that the suspect and the female were in his home in Gazelle after receiving a ride from a friend. Deputies responded to the area along with members of the SCSO Special Response Team. Deputies were able to convince Mr. Dixon to surrender without incident. The female was also located in his home. Both the female and Mr. Dixon were transported to local hospitals where they received treatment for injuries sustained in the vehicle accident, both were subsequently released from the hospital.
Mr. Dixon was booked into the Siskiyou County Jail on charges of attempted murder and two outstanding misdemeanor warrants for failure to appear. He is being held without bail.
On Thursday, April, 2013 the Siskiyou County Sheriff’s Office (SCSO), conducted its second Criminal Enforcement Response Program (CERP) in concert with local and state agencies in Scott Valley. This is the second area overwhelmed with crime struggles. The Siskiyou County Sheriff’s Office is taking a proactive stance in response to crime problems and citizens’ complaints within most areas of the county utilizing SCSO and partner agencies. Siskiyou County Sheriff’s Office Deputies, Patrol Commander, , along with Siskiyou County Probation, Siskiyou County Inter-Agency Narcotics Task Force, California Highway Patrol, Etna Police Department, California State Fish and Game and other available agencies participated in the second special enforcement effort. This team of highly-specialized personnel made a total of one arrests and five violations of probation, one parole violation and confiscated guns, ammo, marijuana, baton and knives all possessed illegally by individuals.
Eugene Anglen, 37, of Yreka was booked into the Siskiyou County Jail for outstanding felony and misdemeanor warrants along with fresh felony violation of probation and obstructing a peace officer. Mr. Anglen is lodged at the Siskiyou County Jail with a bail amount of $25,000.
On behalf of Sheriff Lopey the Sheriff’s Department “We would like to commend the efforts of this multi-agency operation working proactively to prevent a number of crimes both felony and misdemeanor offenses was. This was a highly successful operation.”
Exposing the disconnect between Colorado politicians and the law enforcement officers charged with upholding the law, more than half of the sheriffs in the state are planning to file a lawsuit against recent gun control laws passed by Democrats.
The lawsuit was announced by Weld County Sheriff John Cooke on Tuesday. Cooke has previously said he will not enforce the new gun control laws, because he believes they are unconstitutional.
“The legislators ignored the will of the people and passed these unconstitutional gun laws, and they need to be held accountable for their decision,” Cooke told WND.
. . . 37 of the state’s 62 sheriffs have announced their plans to file a lawsuit against the new laws, saying they are unconstitutional and unenforceable.
David Kopel, an attorney with the Independence Institute, which will handle the case, said the brief is still being prepared, but he expects to file it in the next few weeks.
“We are still working out the details, but there is a very solid case here. We are still working on some of the specifics, however we do feel we have a variety of strong legal claims that are worth bringing to court,” he said.
On April 3, the Siskiyou County Sheriff’s Office (SCSO) was notified of a missing 67 year old Mt Shasta resident, Frank Rivera. Mr. Rivera reportedly went missing from his home off of North Old Stage Road. Siskiyou County Search and Rescue and Siskiyou County Patrol Deputies deployed search teams in the area of North Old Stage Road. The attempts to locate Mr. Rivera were unsuccessful.
On April 8, 2013 at approximately 4:00 p.m. Mr. Rivera was found by a citizen. Mr. Rivera deceased in a wooded area off of North Shore Road at Lake Siskiyou. The on scene investigation did not reveal any criminal activity. An autopsy has been scheduled to be performed to determine cause of death.
On behalf of Sheriff Lopey, the Siskiyou County Sheriff’s Office would like to extend our deepest condolences to the family of Mr. Rivera.
Colorado, and apparently Texas (next) are being targeted with an attempt to set up a federal authority framework that will enable Secret Service agents (not just those guarding the president), and others of the U.S. Secret Service including uniformed division officers, physical security technicians and specialists, and other ‘special officers’, to arrest and remove an elected sheriff for refusing to enforce the law (or anyone breaking the law).
The bills being introduced defines law as including any rule, regulation, executive order, court order, statute or constitutional provision.
Why are they doing this? Here’s why…
It would establish federal authority police powers in a State, enabling an enforcement arm reporting directly to the president (Secret Service).
It would enable the president / executive branch to theoretically override the actions and preventative measures that are now being taken by many States throughout the country who are trying to preserve 2nd Amendment gun rights and who are prohibiting the enforcement of unconstitutional law passed by Congress or pushed by executive order.
As some of you may know, a growing list of sheriffs (more than 340 so far) across the country have expressed that they will not enforce a Washington mandate that clearly violates the Second Amendment.
Many State laws to preserve gun rights are gaining momentum. States include Montana, Ohio, Kentucky, Idaho, Louisiana, Oklahoma, Texas, Arizona, Michigan, Utah, and New Mexico.
However, in Colorado, Senate Bill SB-13-013 has evidently just passed, and is now ready to be signed by the governor, giving police powers and arrest authority to the federal/executive branch of government (Secret Service) within the State. In Texas a similar bill has just been introduced in the State legislature.
The president and vice-president Biden have been actively pursuing state legislatures and pushing for passage of the bills. Obama is scheduled to visit Colorado in just a few days. “Colorado is a pawn for the Obama-Biden plan,” and then on to the next… at least those that won’t fall into line.
It is a full court press by the federal government to empower themselves even further by inserting themselves as police authority within the state, to eliminate opposition.
…thought you’d like to know
Some of the data for this report has been sourced from, WND.com
Like many areas of the United States, citizens in Siskiyou County are finding government regulations are destroying their RIGHTS. This includes Water Rights, Property Rights and Individual Rights. We believe in the Constitutions of the United States and State of California that provide RIGHTS for its citizens. We also believe these RIGHTS are being systematically reduced, which is resulting in tyranny from our governments -- at all levels.
Under the U.S. Constitution, the government should serve the people!