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Colorado Gets Worse with SB 13-013


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http://monderno.com/monderno/colorado-gets-worse-with-sb-13-013/

 

Things in Colorado are getting worse, and perhaps a bit strange as well. Enter Senate Bill 13-013, a bill “concerning peace officer authority for certain employees of the United States Secret Service.”


Bill Summary

The bill gives a special agent, uniform division officer,

physical security technician, physical security specialist, or special

officer of the United States secret service limited peace officer

authority while working in Colorado.

Huh?


SB 13-013 gives members of the Secret Service peace officer authority
while working within Colorado. This means they would have the same
arrest powers as county Sheriffs, and as some as speculating, would even
allow the Secret Service to arrest Sheriffs that do not enforce
Colorado’s new gun control legislation.


What’s worse is that SB 13-013 has already passed the House and the Senate, and is headed to Governor Hickenlooper’s desk to be signed.


Digging a little deeper, if you read the powers, authorities, and duties of the United States Secret Service as
outlined in United States code, it would seem that technically the
Secret Service already has the authority outlined in SB 13-013 unless
I’m missing something. So why pass a law giving the Secret Service
authority it already has?


The obvious answer is that SB 13-013 is in direct response to County Sheriffs like John Cooke who are refusing to enforce Colorado’s new gun control laws.
That may or may not be true, but the question I have is, why did
Colorado legislators specify the Secret Service? And why the
“specify special agents, uniformed division officers, physical security
technicians, physical security specialists or other special officers of
the United States Secret Service” language?


Whatever the reason, I don’t think we’ve heard the last on this front.

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If they did arrest a County Sheriff I think that might be shooting themselves in the foot, as we could then arrest many politicians for refusing to follow the Constitution, the law of the land. Could get messy.

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Federal officers, Secret Service, US Marshals, DEA etc, etc. Are not considered peace officers and have no authority to arrest under color of state law. They can only arrest for violation of federal law. There are some federal laws that are not against some state laws.

 

The exception would be if they were serving on a joint task force under the color of the task force such federal officers would be commissioned as deputy sheriffs and deputies would carry special federal officer powers of whatever task force they would be working with.

 

CO giving them full police powers would give them arrest powers for violation of state law. Right now the Secret Service is limited to protecting the president, vp, foreign dignitaries and their families, and investigating counterfeit crimes.

 

As far as trying arrest a county sheriff for refusing to enforce illegal laws here in Texas I think the SS just might find themslves guests of the county in their grey bar hotel for quite some time.

 

In many states the county sheriff is the top law dawg & I don't think the SS would want to buck him/her, specially one like ours who has won every election hands down for the past 26 years. Before that he served this state as a state trooper, city policeman, deputy sheriff, & US Marine. He could probably deputize just about every able bodied man in this county to come to his aid.

 

The CO legislature included all divisions (by name) of the SS.

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As for whether the SS would be arresting County Sheriffs for not enforcing ridiculous unenforcible laws, one must consider that the county sheriff does not determine whether a crime exists and is prosecutable. The prosecutor does that. So when the Sheriffs say they wont enforce certain laws what does that really mean?

Probably means they wont be running stings. But when a gun is used in a crime and a large cap mag is present, it is still not up to the county sheriff if he will do anything about it under HB13-1224. He would still arrest the perpetrator. Which crimes to prosecute is still up to the prosecutor.

 

 

A more complete reading of the proposed senate bill reveals that as written places a number restrictions on the SS as they are applying this peace officer capabilities.

NON of them appear to enable the SS to arrest County Sheriffs for not enforcing new laws UNLESS part of a task force with Colorado authorities or the act takes place in front of them (the SS).

 

I would bet that there are similar bills in other states like this one.

If they haven't already been passed a while back.

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Oh yeah, it places lots of restrictions on them.

 

(I) RESPONDING TO A NONFEDERAL FELONY OR MISDEMEANOR THAT HAS BEEN COMMITTED IN HIS OR HER PRESENCE

 

So in other words if you have a 20-round mag in your posession in CO, and a federal agent sees you, you just commited a crime in their presence.

 

(III) RENDERING ASSISTANCE AT THE REQUEST OF A COLORADO PEACE OFFICER

 

All that means is if some local cop says he wants a sheriff arrested and calls one of his federal agent friends, they can do it.

 

You can't read these pieces of legislation in a limited sense as a normal human would, you have to read them in the broadest sense as a politician with an agenda would.

 

Also keep in mind, DHS agents (those guys who just bought 2 billion rounds of ammo) are considered Secret Service under the definition in this legislation.

 

Anthracite Andy

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Oh yeah, it places lots of restrictions on them.

 

(I) RESPONDING TO A NONFEDERAL FELONY OR MISDEMEANOR THAT HAS BEEN COMMITTED IN HIS OR HER PRESENCE

 

So in other words if you have a 20-round mag in your posession in CO, and a federal agent sees you, you just commited a crime in their presence.

 

(III) RENDERING ASSISTANCE AT THE REQUEST OF A COLORADO PEACE OFFICER

 

All that means is if some local cop says he wants a sheriff arrested and calls one of his federal agent friends, they can do it.

 

You can't read these pieces of legislation in a limited sense as a normal human would, you have to read them in the broadest sense as a politician with an agenda would.

 

Also keep in mind, DHS agents (those guys who just bought 2 billion rounds of ammo) are considered Secret Service under the definition in this legislation.

 

Anthracite Andy

 

 

AA, you forgot the grandfather clause under HB13-1224.

If continuously possessed from the date of enactment 1 July 2013.

So the SS agent does not really have the authority. Based solely on CO law.

 

On the other hand if the SS agent witnessed a SALE of a 20 round mag that arrest could well stick.

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As for whether the SS would be arresting County Sheriffs for not enforcing ridiculous unenforcible laws, one must consider that the county sheriff does not determine whether a crime exists and is prosecutable. The prosecutor does that. So when the Sheriffs say they wont enforce certain laws what does that really mean?

Probably means they wont be running stings. But when a gun is used in a crime and a large cap mag is present, it is still not up to the county sheriff if he will do anything about it under HB13-1224. He would still arrest the perpetrator. Which crimes to prosecute is still up to the prosecutor.

 

 

A more complete reading of the proposed senate bill reveals that as written places a number restrictions on the SS as they are applying this peace officer capabilities.

NON of them appear to enable the SS to arrest County Sheriffs for not enforcing new laws UNLESS part of a task force with Colorado authorities or the act takes place in front of them (the SS).

 

I would bet that there are similar bills in other states like this one.

If they haven't already been passed a while back.

There are in fact, several states that have similar laws. These were passed mainly to make task force operations run more smoothly when state and federal agencies were working together. I'm not sure what prompted this bill at this time but given the size (tiny) of the Secret Service and their duties, I'm not particularly worried about them showing up at my door.

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Well, the SS will be in Denver tomorrow with pres Obama who is promoting anti-gun legislation in a closed to the public event :blink:, what happens when you combine this new bill with an executive order that bans protests in the presence of the secret service?

Tomorrow, April 3, President Obama and Governor
Hickenlooper will be promoting gun control at the Police Academy in Denver
beginning at 2:30 pm. We ask all Second Amendment supporters to join the NRA in
protesting this event, and to stand and fight for the Second
Amendment.

Although this event is closed to the public, we are asking
that you attend and protest this event in Denver and respectfully let President
Obama and Governor Hickenlooper know that you are strongly opposed to their
anti-gun agenda. Take a stand for the Second Amendment and let your voice be
heard tomorrow.


Details for this event are provided below:


Stand Up for the 2nd
Amendment

Date: Wednesday, April 3
Time: 2:30
PM
Place: Denver Police Academy
2155 North Akron Way
Denver, CO
80238-3087

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Yup, I did not like writing the email to our local members on sunday. Fact is sponsors wanted to drop out, and shooters from outside the state were unsure how welcome they could be with their equipment, some decided to go to other venues in gun friendly states.

 

My friend Walt had done a great job organizing this event with tremendous backing from the Wilsons(Wilson Combat), we spent time designing stages and purchasing equipment etc. We are thinking of trying to salvage the 4th of july weekend and have a state shoot with the help of our local CAS club, it is in the discussion stages.

 

To date, Magpul is pulling out, Outdoor channel, HIVIz, the western regional IDPA match, the Ruger rimfire world championships, many local hunting guides are reporting cancelations for the fall hunts. There will be more I am sure. Millions in revenues, that politicians say will recoup by raising some taxes.

 

Too bad legislators have not worked that hard to improve the economy, and reduce our 10.9% unemployment rate, that will be going up probably.

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The title bill of this thread SB13-13 could NOT be a reaction to county sheriffs that say they wont enforce the new anti-gun laws because it was introduced to the Senate Judicary committee on 9 January. That is a month prior to the unconstitutional gun bills introduction to the Colorado house. Weld County sheriff made his speech in March, a full two months after the SB13-13 was introduced.

HB13-1224 wasn't introduced until 7 FEB 2013.

HB13-1228 wasn't introduced until 7 FEB 2013.

HB13-1229 wasn't introduced until 7 Feb 2013.

 

Most likely this bill was introduced to make task forces easier to work with like UB stated in post #7.

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The title bill of this thread SB13-13 could NOT be a reaction to county sheriffs that say they wont enforce the new anti-gun laws because it was introduced to the Senate Judicary committee on 9 January. That is a month prior to the unconstitutional gun bills introduction to the Colorado house. Weld County sheriff made his speech in March, a full two months after the SB13-13 was introduced.

HB13-1224 wasn't introduced until 7 FEB 2013.

HB13-1228 wasn't introduced until 7 FEB 2013.

HB13-1229 wasn't introduced until 7 Feb 2013.

 

Most likely this bill was introduced to make task forces easier to work with like UB stated in post #7.

Hacker it doesn't matter what date they were introduced, all these bills were in the works well before being introduced, so who's to say they didn't introduce SB -13-13 to complement the others, the Sheriffs have been vocal for months, so your reasoning is not sound. The Elpaso County Sheriff has been against any gun bills months prior, when word leaked that the Colorado GOV was going to do something.

 

KK

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The thing we need to focus on right now is removing these antigun legislators from office.

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Hacker it doesn't matter what date they were introduced, all these bills were in the works well before being introduced, so who's to say they didn't introduce SB -13-13 to complement the others, the Sheriffs have been vocal for months, so your reasoning is not sound. The Elpaso County Sheriff has been against any gun bills months prior, when word leaked that the Colorado GOV was going to do something.

 

KK

One of the premises posted earlier in this thread is basically that this bill SB13-013 was put forward to counter the lack enthusism for enforcing new anti-gun legislation.

THat cannot be true as it was forth PRIOR to the date that all the anti-gun bills were put forth.

 

kk FURTHER YOU HAVE NO PROOF THAT THEY PUT OUT AT THE SAME TIME ETC.

IT IS A VERY BROAD UNFOUNDED AND IRRATIONAL ASSUMPTION.

WHERE IS YOUR PROOF. THE DATES SPEAK FOR THEMSELVES.

 

SO MY LOGIC IS CORRECT.

LET US NOT MAKE THIS PERSONAL.

 

EOT

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logic is what that other feller said

 

lets vote these types of representatives out of office

I add that

we need, yes, wee need to educate all the voters we are in touch with, as the tainted news aint workin out so well for us

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One of the premises posted earlier in this thread is basically that this bill SB13-013 was put forward to counter the lack enthusism for enforcing new anti-gun legislation.

THat cannot be true as it was forth PRIOR to the date that all the anti-gun bills were put forth.

 

kk FURTHER YOU HAVE NO PROOF THAT THEY PUT OUT AT THE SAME TIME ETC.

IT IS A VERY BROAD UNFOUNDED AND IRRATIONAL ASSUMPTION.

WHERE IS YOUR PROOF. THE DATES SPEAK FOR THEMSELVES.

 

SO MY LOGIC IS CORRECT.

LET US NOT MAKE THIS PERSONAL.

 

EOT

Hacker,

 

Remember things may not be as they appear, Always keep an open mind and never dismiss the obvious.

 

KK

 

ps caps mean your yelling

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Two things, first I didn't see any Colorado Sheriffs behind the president at the police academy. Second there is a "rumor" going around that none of the police officers attending was allowed to have any ammo for their pistols. Don't know how to confirm this.

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From another forum:

 

Federal Framework Being Set Up To Arrest Sheriffs
April 1, 2013

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.


 


 


 


 


 


Interesting, they want to arrest sheriffs for nor enforcing federal law(gun control), while at the same time sueing the state of Arizona, for trying to enforce federal law(immirgation)

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Two things, first I didn't see any Colorado Sheriffs behind the president at the police academy. Second there is a "rumor" going around that none of the police officers attending was allowed to have any ammo for their pistols. Don't know how to confirm this.

The sheriffs held their own press event about a mile from the dog and pony show. You will not see any Colorado sheriffs used as photo op backdrops for Obama; even mine, and he's a Democrat.

It wouldn't surprise me about the ammo. They have done that before at military bases.

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