An Injustice Against our Citizens
By Terry Maketa, Sheriff

Monday, March 4, 2013, was unlike any day I’ve experienced in my 12 years testifying at the Colorado State Capitol. During my tenure, I’ve had numerous opportunities to participate in legislative processes from draft proposal to signature of a bill making it law.

I’ve witnessed many hearings and observed citizens, law enforcement, and special interest groups share opinions on a variety of proposed laws. I’ve witnessed very controversial bills set in a process to allow full access from supporters, opponents, and citizens to be heard by their legislators. On numerous occasions, bills similar in nature were set for hearing on different days to ensure opportunity for anyone to participate in the deliberative process. On Monday, this didn’t occur. Instead, gun bills were simultaneously scheduled and of 25 plus sheriffs, only one could testify per bill. Hearings were split so bills heard simultaneously were on different floors, even though all were heard by senate committees. Rules for testimony changed three times from Thursday afternoon through Monday at 10:30 am, when hearings began.

Historically, any citizen would be allowed to speak if they arrived at the Capitol early and signed up on testimony records. Although sign up sheets were in place and citizens including myself signed up, we were completely disregarded. Minutes after I signed up to testify, I learned a different process would be utilized and testimony was based on three categories: experts, preferred witnesses, and public witnesses. No explanation was provided to define expert or preferred witness. I was told this decision was made by the senate president and the chairperson of the hearing committee. Additionally, experts would have no time constraints and all others would be restricted to three minutes. I was completely disheartened at what I was witnessing and this was exacerbated when I learned experts included an individual that was not a resident of Colorado who had no credentials to qualify as an expert except his spouse was a victim of the Tuscan Arizona shooting. He admitted he had not read the proposed bill and could not speak to any specifics regarding this bill. He encouraged Colorado to adopt universal background checks and close the gun show loophole, both of which already exist. Sadly, he testified with unlimited restriction as voters and taxpayers of this state sat helplessly as they were denied the right to testify during committee hearings.

My colleague, Sheriff John Cooke, testified in opposition of the “Universal Background Check” bill on behalf of most sheriffs while staying within the three minute constraint. Fortunately, I was allowed to testify because a member of the legislature listed me as an expert witness. I was honored and brought statistics and facts as it related to the national insta-check system (NICS); the probable criminalization of law abiding citizens and the unenforceability of this particular bill. I offered other options knowing we all share the common goal of reducing violence. I was proud to represent my constituents and the majority of our sheriffs. That pride was quickly diminished as I departed the hearing room and witnessed hundreds of citizens who would not be given the opportunity to testify. Although they expressed their sincere appreciation for my comments, I recognized the injustice that was unfolding before my eyes. Citizens of Colorado were prevented from participating in the legislative process. Their rights had been overridden by the agenda of a few members of the State Senate.

As I made my way out of the Capitol, I was shocked at the number of people who attended these hearings. It’s estimated the number of people in attendance reached 1,000. I spoke to several and was told they just wanted their voice to be heard. Many of them had never been to the Capitol, let alone testified on any bill. Some brought their children as a lesson in civics and sacrificed a day at work to participate in the law making process. Unfortunately, what they hoped for never happened.

Due to a prior commitment, I could not stay for the remaining bills. Later, I phoned a member of our legislature and expressed concern for what I had witnessed; changing of rules, time limits, new classification of speakers to establish priority and most of all the number of citizens who made the journey to the Capitol in hopes of being heard. I was told the rules did change several times and that this was very unusual. These changes were driven by the majority leadership, Senator John Morse, and the chairperson of the involved hearing committee.

I am not sharing this because of the outcome of the hearings that day; rather I am sharing this because of the process implemented and the faces of all those citizens that were never permitted to participate in the process. Government is supposed to be by the people, for the people and on this day, they were crushed and kicked to the side. Special interest coalitions and hand picked experts with no relevant expertise trumped our citizens.

To add insult to injury, the following Wednesday, I received an email containing the following language from a member of County Sheriffs Of Colorado: “…I have been advised by a reliable source at the Capitol that the Dems are seriously not pleased with the CSOC positions on the gun bills, and given the potential for a real salary bill to be introduced as you shall see from a follow-up email from” (an unnamed sheriff), “support of SB197 would put us in a more favorable light for salary bill support from the Dems. I do not believe we would be sacrificing our principles or positions on the other gun bills by supporting SB197.” “...Please let us know what you think on this proposal ASAP as I need to get a letter from us to the Senate Dems before the close of business today.” As I see it, senate Dems have made it known, “sheriffs, obey or no pay for you.” The first word that comes to my mind is extortion. Again, I’m disheartened that the pay of sheriffs is threatened to gain compliance with the majority party leadership. Local elected officials’ pay is set by the legislature as stated in Colorado Law. The previous governor’s process brought the need for a pay increase before the legislature and that legislature is attempting to buy compliance. I have great admiration for my fellow sheriffs; they are true professionals with high morals and principles. Having served with many of them for years, I can say they are men of honor with a passion to serve and do what’s right. I will not speak for them, but I personally will not concede to these threats, stand by while coercive acts such as this go without mention, nor will I compromise my values and beliefs for a justified pay raise based on studies performed by a bi-partisan commission formed by the democrat leadership. To be clear, this salary recommendation would have no affect on me, as I am term limited. Setting salaries is the responsibility of the legislature. This authority should not be used as a tool of coercion, but unfortunately it appears to have become such a device and there is nothing to suggest otherwise.

Quoted:
What I just sent to everyone:

"The idea that more LAWS will effect a CRIMINAL who is ALREADY BREAKING the law is absurd.  Instead of letting the actions of lunatics turn otherwise law abiding citizens into criminals, start be properly enforcing the current laws on the books.  "

Quoted:
E-mails sent, anything else you need from the People's Republic?

Quoted:


Please be respectful and polite in your letters.   Rude and offensive messages are likely to hurt our cause.



I have sent letters to everyone and plan to be at the capitol tomorrow.



good luck, everyone

Quoted:

Colorado relies heavily on tourism - even out of state voices may help sway things our way!

Quoted:


Bagels.
I miss NY bagels.

Quoted:


Here is our statement on the issue. Time to get active if you support a Free Colorado.



In addition to the national battle to protect our firearms rights, many states are currently engaged in their own fights. Here in CO, a state with a strong heritage of firearm and other personal freedoms, we are facing some extreme challenges to firearms rights. We have been engaged in dialogue with legislators here presenting our arguments to stop legislation from even being introduced, but our efforts did not deter those of extreme views.



After the NRAs visit last week, several anti-freedom bills were introduced by CO legislators, and a very aggressive timeline has been set forth in moving these bills forward.



The bills include:

HB 1229, Background checks for Gun Transfers--a measure to prohibit private sales between CO residents, and instead require a full FFL transfer, including a 4473.



HB 1228, Payment for Background Checks for Gun Transfers-- a measure that would require CO residents to pay for the back logged state-run CBI system (currently taking 3 times the federally mandated wait time for checks to occur) instead of using the free federal NICS checks.



And finally, HB 1224, Prohibiting Large Capacity Ammunition Magazines--a measure that bans the possession, sale, or transfer of magazines over 10 round capacity. The measures and stipulations in this bill would deprive CO residents of the value of their private property by prohibiting the sale or transfer of all magazines over 10 rounds. This bill would also prohibit manufacture of magazines greater than 10 rounds for commercial sale out of the state, and place restrictions on the manufacture of military and law enforcement magazines that would cripple production.



We'd like to ask all CO residents to please contact your state legislators and the members of the Judiciary Committee and urge them to kill these measures in committee, and to vote NO if they reach the floor.



We also ask you to show your support for the 2nd Amendment at the Capitol on Tuesday, Feb 12, for the magazine ban committee hearing and Wednesday,

Feb 13, for the hearing on the other measures.



Due to the highly restrictive language in HB 1224, if passed, and we remained here, this measure would require us to cease PMAG production on July 1, 2013.



In short, Magpul would be unable to remain in business as a CO company, and the over 200 jobs for direct employees and nearly 700 jobs at our subcontractors and suppliers would pick up and leave CO. Due to the structure of our operations, this would be entirely possible, hopefully without significant disruption to production.



The legislators drafting these measures do so in spite of the fact that nothing they are proposing will do anything to even marginally improve public safety in CO, and in fact, will leave law-abiding CO residents less able to defend themselves, strip away rights and property from residents who have done nothing wrong, and send nearly 1000 jobs and millions in tax revenue out of the state.



We like CO, we want to continue to operate in CO, but most of all, we want CO to remain FREE.



Please help us in this fight, and let your voices be heard!



We have included the contact information for the House Judiciary committee for your convenience:



House Judiciary Committee

Rep. Daniel Kagan, Chair: 303-866-2921, [email protected]

Rep. Pete Lee, Vice Chair: 303-866-2932, [email protected]

Rep. John Buckner: 303-866-2944, [email protected]

Rep. Lois Court: 303-866-2967, [email protected]

Rep. Bob Gardner, 303-866-2191, [email protected]

Rep. Polly Lawrence, 303-866-2935, [email protected]

Rep. Mike McLachlan, 303-866-2914, [email protected]

Rep. Rep Carole Murray, 303-866-2948, [email protected]

Rep. Brittany Pettersen, 303-866-2939, [email protected]

Rep. Joseph Salazar, 303-866-2918, [email protected]

Rep. Jared Wright, 303-866-2583, [email protected]



...Stand and Fight

Quoted:

Please be respectful and polite in your letters.   Rude and offensive messages are likely to hurt our cause.

I have sent letters to everyone and plan to be at the capitol tomorrow.

good luck, everyone

Quoted:


Sorry, Brother. I live out in the Finger Lakes wine country...we got a shitload of Reisling

Quoted:
This is what i got back from 3 of them. 2 good. The other out of date response.

I assure you that I too respect the Constitutional right to bear arms.
Moreover, data indicate that gun-control legislation does not prevent
tragic shootings.

I fully expect a great deal of pressure from those who want control
over all facets of our lives.  In the hope of balancing that pressure,
you may want to attend hearings and, if you are willing, speak as you
have written.

Thank you for your message and for your defense of our treasured
Constitution.  I encourage you to continue sharing your thoughts and
concerns with me.

Respectfully,
Representative Spencer Swalm

Robert,

I'll vote "No" on any/all gun control legislation.

The Second Amendment exists to protect us from tyranny and I will not
compromise on that issue.

If you'd like to learn about my efforts to defend the Second Amendment
rights of law-abiding citizens, then please take time to read this
recent article:

http://thecoloradoobserver.com/2013/01/gun-rights-backers-rally-at-state-capitol/

You might also enjoy listening to the speech that I offered during the
"Guns Across America" rally that was held at the Colorado Capitol on
January 19, 2013:

Chris Holbert At Gun Appreciation Day 1/19/2013, Denver CO
http://www.youtube.com/watch?v=F0qYp9BNqpc

Respectfully yours,

- Chris

Representative Chris Holbert
District 44
Parker • Lone Tree
State Capitol Building
200 E Colfax Ave, #271
Denver, CO 80203
Capitol: (303) 866-2933

Dear M rRitchey,



Thank you for contacting my office regarding a hydraulic fracturing moratorium. The practice of hydraulic fracturing is a very important issue, and I will carefully consider any legislation that comes forward this year that addresses the practice and the issues surrounding it. My number one priority is the health and safety of our communities, and ensuring we have the highest standards for clean air and clean water.

I will continue to work with all stakeholders to find balance that guarantees clean air and water while continuing to foster economic development. I will remember your comments as the subject arises and thank you for staying informed of our progress on this subject.

Please do not hesitate to contact me with any further questions.

Sincerely,

Representative Primavera  

Quoted:
Here is our statement on the issue. Time to get active if you support a Free Colorado.

In addition to the national battle to protect our firearms rights, many states are currently engaged in their own fights. Here in CO, a state with a strong heritage of firearm and other personal freedoms, we are facing some extreme challenges to firearms rights. We have been engaged in dialogue with legislators here presenting our arguments to stop legislation from even being introduced, but our efforts did not deter those of extreme views.

After the NRAs visit last week, several anti-freedom bills were introduced by CO legislators, and a very aggressive timeline has been set forth in moving these bills forward.

The bills include:
HB 1229, Background checks for Gun Transfers--a measure to prohibit private sales between CO residents, and instead require a full FFL transfer, including a 4473.

HB 1228, Payment for Background Checks for Gun Transfers-- a measure that would require CO residents to pay for the back logged state-run CBI system (currently taking 3 times the federally mandated wait time for checks to occur) instead of using the free federal NICS checks.

And finally, HB 1224, Prohibiting Large Capacity Ammunition Magazines--a measure that bans the possession, sale, or transfer of magazines over 10 round capacity. The measures and stipulations in this bill would deprive CO residents of the value of their private property by prohibiting the sale or transfer of all magazines over 10 rounds. This bill would also prohibit manufacture of magazines greater than 10 rounds for commercial sale out of the state, and place restrictions on the manufacture of military and law enforcement magazines that would cripple production.

We'd like to ask all CO residents to please contact your state legislators and the members of the Judiciary Committee and urge them to kill these measures in committee, and to vote NO if they reach the floor.

We also ask you to show your support for the 2nd Amendment at the Capitol on Tuesday, Feb 12, for the magazine ban committee hearing and Wednesday,
Feb 13, for the hearing on the other measures.

Due to the highly restrictive language in HB 1224, if passed, and we remained here, this measure would require us to cease PMAG production on July 1, 2013.

In short, Magpul would be unable to remain in business as a CO company, and the over 200 jobs for direct employees and nearly 700 jobs at our subcontractors and suppliers would pick up and leave CO. Due to the structure of our operations, this would be entirely possible, hopefully without significant disruption to production.

The legislators drafting these measures do so in spite of the fact that nothing they are proposing will do anything to even marginally improve public safety in CO, and in fact, will leave law-abiding CO residents less able to defend themselves, strip away rights and property from residents who have done nothing wrong, and send nearly 1000 jobs and millions in tax revenue out of the state.

We like CO, we want to continue to operate in CO, but most of all, we want CO to remain FREE.

Please help us in this fight, and let your voices be heard!

We have included the contact information for the House Judiciary committee for your convenience:

House Judiciary Committee
Rep. Daniel Kagan, Chair: 303-866-2921, [email protected]
Rep. Pete Lee, Vice Chair: 303-866-2932, [email protected]
Rep. John Buckner: 303-866-2944, [email protected]
Rep. Lois Court: 303-866-2967, [email protected]
Rep. Bob Gardner, 303-866-2191, [email protected]
Rep. Polly Lawrence, 303-866-2935, [email protected]
Rep. Mike McLachlan, 303-866-2914, [email protected]
Rep. Rep Carole Murray, 303-866-2948, [email protected]
Rep. Brittany Pettersen, 303-866-2939, [email protected]
Rep. Joseph Salazar, 303-866-2918, [email protected]
Rep. Jared Wright, 303-866-2583, [email protected]

...Stand and Fight

Quoted:
Alright guys here's a list of the Democrat senators that I have compiled that I believe we have the best chance of swaying their vote in our favor. These are the ones that need hit, please email and CALL. It only takes a second to tell the aid on the phone your position, or just leave a message.  

Quoted:

Get your neighbors and shooting buds to write!

I've received positive pro -2A replys from:

Steve King
Lois Landgraf
Chris Holbert
Kevin Priola

Quoted:


I e-mailed the Judiciary Committee over the weekend. I faxed letters to each member this morning. Tuesday morning I'll head to Denver in hopes of testifying before the committee.

Mike