Why Compromise Is A Losing Game For Gun Rights

There has been a lot of talk lately about “common sense” gun laws. Anti-rights groups have been crowing for them and boasting that the vast majority of United States’ citizens want them.

But what are these “common sense” laws?

While parading a few, with the common disclaimer, “We do NOT want to take your guns!,” in fact, they DO. Along with this, the anti-rights fanatics have blathered for “compromise” and plead that lack of action has cost lives.

What, exactly, do they mean by “compromise?”

Some history:

Since 1927 the federal government has been attacking citizens’ Second Amendment right to keep and bear arms. They began by banning mail-order firearms (some exceptions); then (in 1934), short-barreled rifles and shotguns and silencers were taxed and fully automatic weapons were strictly regulated. All done in the name of “stopping crime.” In 1938 they began licensing dealers and manufacturers of firearms, and compelled them to keep records. They also banned sales to felons. It was in 1968, driven by (initially) JFK’s assassination, Martin Luther King’s murder and Robert Kennedy’s murder that federal government really stepped up restrictions on sales to minors, criminals, drug addicts and interstate firearm sales.

Finally, in 1993 (after surviving a 1981 assassination attempt on then-president Reagan, for whom he was press secretary), James Brady saw his more than a decade of campaigning for stronger gun control come to fruition: congress passed the Brady Bill and president Clinton signed it into law.

The bill required background checks for gun sales and a waiting period for handgun sales (waiting period later removed, due, in part, to legal concerns over liability in self defense purchases).

Many states (and cities) have been passing assorted “laws” restricting certain firearms with arbitrary features, assorted magazines – based on capacity, and various accessories deemed “too dangerous” (read: it looks scary!). The interesting facts here are that virtually all of these restricted or banned items still turn up in the hands of criminals. It appears the only people suffering from governmental overreach are law-abiding citizens.

So; let’s get back to the cries for “compromise:” to date, law-abiding citizens have seen rights taken at every turn, with few reversals or repeals to the restrictions (record keeping was deemed unconstitutional and later removed as a provision, some interstate sales were allowed and some import restrictions lifted).

Compromise? It appears that the anti-rights groups define compromise as trampling Constitutional rights and “allowing” law-abiding citizens to practice SOME rights protected by the Constitution – at their discretion and after paying a fine. AND – rather than defend our rights, elected charlatans and prima donnas seize the opportunity to do SOMETHING (ANYTHING!) and pass laws to infringe on the LAW-ABIDING among us. Then they crow about how they care and ignore the fact that criminals continue to commit crimes.

Remember; laws passed will have NO impact on criminals, other than to simplify their goal to steal, harm, rape and murder.

For me, and many like me, compromise means give and take. We have given much and received NOTHING, anti-rights groups have taken much and given NOTHING. So let’s stop this talk of compromise, no matter how nice it sounds to others. It is a seizure of rights, infringement, plain and simple.

“Infringe”
in·fringe
/inˈfrinj/

– to actively break the terms of a law or agreement.
– act so as to limit or undermine.

Now we’re getting somewhere. “Infringement” sounds more like what anti-rights groups term “compromise.” Why do you suppose compromise is the endorsed word? Could it be that “infringement” is specifically cited as forbidden in the text of the Second Amendment? That “compromise” sounds so friendly and reasonable, while “infringement” sounds more like the attack on rights that they are endorsing?

It appears compromise is not what they are after, so we move on.

Who decides what laws equate to “common sense” gun control? It sure SOUNDS reasonable. Unfortunately, the anti-rights groups don’t mention that they alone get to set the parameters of “common sense.” There will be no dialogue with supporters of Constitutional Rights to determine where the boundaries lie. Anti-rights fanatics will determine:

• Who is allowed to own a firearm

• How many firearms a law-abiding citizen may own

• What fee must be paid to allow law-abiding citizens to practice their Constitutionally-protected right

• EXACTLY what type of firearm law-abiding citizens may own

• How many bullets law-abiding citizens may carry said weapons

• When and where law-abiding citizens my carry or store their weapons

• How law-abiding citizens MUST store allowed weapons (often unloaded, making quick use impossible)

• In some cases, how much ammunition law-abiding citizens may possess

I repeat “law-abiding citizens” because, remember, criminals don’t worry about what laws “feel good” politicians pass.

Only self-aggrandizing, foolish politicians would think restricting the rights of all will impact the actions of criminals.

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Red Flag Gun Bills Have Nothing To Do With Mental Health And Everyone Should Care

Earlier this year, during the 2018 legislative session, Colorado Republicans held a one seat majority in the state senate.  This was enough to stop a poorly written and heavily rushed Red Flag Bill from becoming law.  Unfortunately for those who support gun rights and due process, that single seat was lost in November’s election along with several others, and 2019’s legislative session is expected to be a fight – with a Red Flag Bill a top priority for lawmakers who are proving to be against the civil rights of the same citizens they were elected to represent.

Here’s a thorough breakdown of the last Red Flag Bill Coloradan’s faced, as well as details about the major issues within such legislation.

Colorado’s Red Flag Bill (HB18-1436) was heavily promoted through the media – both radio and TV- as a mental health bill, implying that it would help the mentally ill and get them treatment.  But when Sheriff Sprulock was asked on May 7, 2018 in a Senate committee meeting, “Does this bill address how to get those people that mental health treatment?”  Sheriff Sprulock answered, “No it doesn’t.”

The issuing of an Extreme Risk Protection Order (ERPO) begins with the petitioner making a phone call, at minimum, to the court to request an ERPO.  There is no verification or proof required for this phone call.  This call could come from someone claiming to be a “dating partner” or a “family member”.  Your bitter neighbor could claim to have had an affair with you.  There is no limitation to how long ago you dated or who the family member is, or even if they are in the state of Colorado.

Red Flag Bill Emergency Risk Protection Order ERPO Colorado Gun Confiscation Colorado Rally for our Rights

The court must issue a hearing by telephone or in person with the petitioner that same day or the following day.  The judge will hear a “preponderance of evidence” from the petitioner, and only the petitioner, with the goal to convince the fact finder that there is a greater than 50% chance that the claim is true.  This is comparable to a “he said – she said” argument, only the accused gun owner is not informed or allowed to contest the petitioner.  This is a Kangaroo court, and the gun owners’ damnation is absolute.  In the court hearing, evidence such as access to a firearm or purchased ammunition is enough to issue a temporary ERPO.

Once the temporary ERPO is issued, the gun owner is then declared a “dangerous person” and a good faith effort is made to issue the gun owner a statement that they can no longer be in possession of a firearm.  The gun owner must sell the firearms, transfer them to a Federal Firearms Licensed dealer, or hand them over to the police.  It is at this point the accused even learns such a case has been brought to the court. They must comply, no questions asked, or they may face death, as we recently saw in Maryland.

Red Flag Bill Emergency Risk Protection Order ERPO Colorado Gun Confiscation Colorado Rally for our Rights

Seven days after the temporary ERPO is issued the gun owner can have a court date where they are responsible to provide an attorney to defend themselves.  Because they have not been accused of a crime, they will NOT be read their Miranda Rights and an attorney will NOT be provided to them.  They must proceed pro-se or hire an attorney.

If this bill is for mental health, the Petitioner just cost the gun owner thousands of dollars in legal defense fees; funds which could have otherwise been spent on treatment.

This bill states that “clear and convincing evidence” is the requirement to issue a EPRO for 182 days. It also states that having any access to a firearm or the purchase of ammunition is clear and convincing evidence. Because the bill lists the purchase of ammunition as clear and convincing evidence, it has short changed the higher standard of evidence for one that is almost as low as the preponderance of evidence requirement.

Red Flag Bill Emergency Risk Protection Order ERPO Colorado Gun Confiscation Colorado Rally for our Rights

Then if found innocent of everything, you are not guaranteed to be removed from the NICS database and therefore cannot get your firearms back.  If you’re a resident of a city such as Boulder, where an “assault weapons” ban allowed a grandfathering period where you could get your firearms certified, if you did not certify your firearms, you will not be getting them back.

Red Flag Bill Emergency Risk Protection Order ERPO Colorado Gun Confiscation Colorado Rally for our Rights

Bottom line: If you are issued an ERPO, you will have to give up your firearms, you will have to provide your own legal defense at your cost, your name will go into the NICS database as being prohibited from having a firearm, all before you go to court to prove your case, and never once will actual mental health be a topic.

Don’t be fooled, this bill is a gun grab bill in the name of mental health, where gun owners must give up their property before due processes is given.

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Only Days Left For Boulder, CO Residents To Register Their Firearms

Rally for our Rights has been at the forefront of Boulder, Colorado’s so-called “assault weapons” ban since it’s inception. We attended city council meetings and organized messaging campaigns encouraging residents to contact their local government officials. We organized a street demonstration on April 21st, 2018 in protest to the proposed ban – an event which was attended by hundreds in the heart of Colorado’s most progressive city – even in the rain/snow.  There were threats of lawsuits against Boulder, one of which came to fruition less than 24 hours after the ordinance passed, and another quickly followed.  Despite these efforts, the Boulder elites who make up the city council voted unanimously on May 15th, 2018 to ban the sale and possession of many semi-automatic rifles, pistols, and shotguns as well as bump stocks and magazines holding more than 10 rounds.  This unconstitutional move did nothing to address actual crime, but instead criminalized and demonized the law abiding.

Only Days Left For Boulder, CO Residents To Register Their Firearms : Rally for our Rights

As part of this ban, residents who owned any of the prohibited firearms prior to the day the ban went into law (June 15th, 2018) can participate in the city’s “This-Is-Not-A-Registry” program and grandfather their guns with a certification.  The last day to certify a firearm is supposed to be December 31st, 2018, but Boulder Police have stated that due to the holidays, the last day will actually be December 27th.  The complete ban will officially take effect on January 1, 2019, at which point possession of a banned weapon without a certificate will be punishable by 90 days in jail and/or a $1,000 fine, and firearms will be confiscated and destroyed.

The certification process involves taking the firearm(s) being certified to the police department (unloaded and secured in vehicle) where they will be inspected.  You must have a valid photo ID and a new background check will be run. If the the background check comes back clear, two certificates per firearm will be issued. The cost is $20 for the first firearm and $5 for each additional firearm.

Boulder Colorado Firearms Registration Certification

Gun owners must then keep the certificate with the firearm at all times – forever – otherwise they’re a criminal. Lose this piece of paper? The firearm can be confiscated. Don’t comply? Criminal. Allegedly there are no copies of these certificates kept.

According to Boulder Police Department, they have certified 85 firearms so far.  Now, let’s make this clear – this is not 85 gun owners, this is 85 firearms.  Each prohibited firearm needs it’s own certificate. With the average gun owner possessing eight firearms, it is likely less than ten people have actually complied.  But this begs a question – if they aren’t keeping records, how do they know how many certificates have been issued?  According to them they are keeping a handwritten tally.  A handwritten tally of how many law abiding gun owners are certifying their firearms, because we know the people we should actually be concerned with aren’t certifying theirs.

Then we had to ask how many bump stocks or magazines above 10 rounds have been turned in?  You guessed it, ZERO.

Boulder’s ban includes:

1.) All semi-automatic center-fire rifles that have the ability to accept a detachable magazine and have a pistol grip, telescoping stock, or off hand stabilization feature.

2.) All semi-automatic center-fire pistols that have the ability to accept a detachable magazine other than in the pistol grip or has any other secondary stabilization feature.

3.) All semi-automatic shotguns that have the ability to accept a detachable magazine, or have a fixed magazine over 5 rounds, or have any secondary stabilization features.

Read the “assault weapons” ban ordinance in it’s entirety here.

And read the bump stock/magazine ban ordinance here.

What’s Next:

One of the most common questions we receive is how is this legal, and if it has been challenged in court.  It is not legal, and it is being challenged in court.  The day after the ordinance passed into law, Mountain States Legal Foundation filed a suit in federal court.  Not long after, the NRA filed a suit in state court.  The federal suit is on hold until the state suit is decided.

Colorado has a preemption law in its state constitution that clearly states what Boulder has done is not legal.

C.R.S. 29-11.7-103:

A local government may not enact an ordinance, regulation, or other law that prohibits the sale, purchase, or possession of a firearm that a person may lawfully sell, purchase, or possess under state or federal law. Any such ordinance, regulation, or other law enacted by a local government prior to March 18, 2003, is void and unenforceable.

Boulder is claiming because it is a home rule city, it is not beholden to the state constitution or state laws.  If this is the case, we have to wonder if more gun friendly home rule cities can claim the same, and exempt themselves from Colorado’s magazine limits and enhanced background checks.  Your move, Colorado courts.

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Here’s What Boulder, CO Is Making Gun Owners Do!

Boulder Colorado Firearms Registration Certification

A Boulder, CO resident who had their firearm “certified” under the city’s new “assault weapons” ban brought this to us. We’ve been wanting to see one but not many people are interested in registering their firearms.

In order to be part of Boulder’s “This-Is-Not-A-Registry” program, anyone who owned one of the banned firearms prior to June 15th, 2018 must go to the police department and have it “certified” before Dec 31st, 2018. They must then keep the certificate with the firearm at all times – forever – otherwise they’re a criminal. Lose this piece of paper? The firearm will be confiscated. Don’t comply? Criminal. Allegedly there are no copies of these certificates kept.

Requirements for certification include: Valid photo ID, the firearm being certified (unloaded and secured in vehicle), and a new background check. If the the background check comes back clear, two certificates per firearm will be issued. The cost is $20 for the first firearm and $5 for each additional firearm.”

Boulder’s ban includes:

1.) All semi-automatic center-fire rifles that have the ability to accept a detachable magazine and have a pistol grip, telescoping stock, or off hand stabilization feature.

2.) All semi-automatic center-fire pistols that have the ability to accept a detachable magazine other than in the pistol grip or has any other secondary stabilization feature.

3.) All semi-automatic shotguns that have the ability to accept a detachable magazine, or have a fixed magazine over 5 rounds, or have any secondary stabilization features.

Read the “assault weapons” ban ordinance in it’s entirety here.

And read the bump stock/magazine ban ordinance here.