New CO Gun Law Could Have Disarmed Johnny Hurley

New CO Gun Law Could Have Disarmed Johnny Hurley

Two days prior to a violent madman with a vengeance being killed by an armed citizen with a concealed carry permit, Colorado Governor Jared Polis signed a bill that would allow any locality in the state to ban concealed carry. To be exact, the bill allows for counties, municipalities, special districts, and college campuses to ban what the terrified demanding moms kept referring to as “hidden guns” during the hours of bill testimony. For reference, Colorado has 64 counties, 217 municipalities, 2800 special districts, and 62 college campuses. The gun control extremists elected to the state legislature, along with the governor, somehow felt THIS was going to make society a safer place. Arvada proved a different story.

On Monday, June 22nd Johnny Hurley was in the Arvada Army Navy Surplus store when he heard 15-20 shots from a rifle or tactical shotgun in the square not even 50 yards away. A deranged individual had ambushed Arvada police officer Gordon Beesley, taking his life in a matter of seconds. According to first hand accounts of what happened next, Hurley exited the store in the direction of the gunfire. The madman briefly went out of view behind the library after firing the initial 10-15 shots. Johnny shouted at onlookers behind him to stay inside and hide because the gunman was coming back. Johnny used this as an opportunity to run towards the library where the shooter was and hide behind a brick wall. Upon the shooter walking again back toward the square, Johnny pulled out his concealed pistol and shot 5-6 rounds toward the suspect, killing him. What happened next remains under investigation, but Arvada PD has released that Hurley was shot by a responding Arvada police officer claiming Hurley was holding the shooters rifle. Arvada police are not equipped with bodycams, so the investigation is ongoing.

Situations like this are chaotic, fast, and fluid. Anyone who runs toward gunfire knows there is a chance they may not make it out alive. But heroes like Johnny are willing to take the risk, and we will never know how many lives Johnny saved that day, because when lives aren’t lost, it’s much harder for the gun grabbers to get a body count to exploit in an effort to push for their next ineffective gun control law.

Yet these are the people, the Johnnys of the world, are who our lawmakers wish to disarm, and laws like SB21-256 which I referenced above are evidence.  They never ask themselves how they can stop the madman. They will never ask if their fever pitch, yet hollow, anti-police rhetoric over the past year pushed this evil individual to feel he was justified in his desire to ambush police, innocent bystanders be damned. Hell, maybe this guy even believed he was doing it on their behalf. I say their rhetoric is hollow because it is. If they truly cared about law enforcement reform and decreasing citizen-police interaction, they wouldn’t create a bill that allows 3,143 different localities within the state to create different laws affecting gun owners of every race, gender, creed, and sexual orientation, which SB21-256 did. Their hollow virtue signaling is dangerous.

Johnny Hurley was a friend to many freedom fighters in Colorado. I met him briefly in 2019 when I spoke regularly about Colorado’s Red Flag law. He was a supporter and protector of all our rights. He spoke frequently about his desire to protect others, if need be.

According to friend Elliot Darling:

“He always had the gun with him, and we were always like, ‘What are you going to do with that?’ And he was like, ‘Well one day, you never know.’ And of course, that one day came, and he was prepared.”

Patrons who were in nearby restaurants when shots rang out continue to leave comments on a GoFundMe set up for Johnny by a friend, thanking him for his heroic acts.

“My parents and I were in the Schoolhouse restaurant when shots rang out. I have two small kids at home and I thought I would never see them again. John is a true hero and I am forever in debt to him. My heart breaks for the loss of his life. Prayers to his family and friends.” – Brittany M.

“John saved my and my girlfriends life. We were in the direct line of fire, in the So Radish restaurant. Bullets came through the window and we took cover under the table as the shooting continued. Knowing we were trapped and easy targets if the gunman came in, we ran to the back of the restaurant. I have no doubt whatsoever that if John had not taken an active role in stopping the gunman, many more innocent people would have died. I wish I could thank him in person and I wish I could give much more. I won’t forget him for as long as I live. Thank you John for your bravery!!!” – Tory F.

It’s also worth noting the store Johnny was in was not a gun free zone. Had it been, he may have left his firearm in the car, like gun rights supporter Denny Stong, who was killed unarmed during the March massacre inside a nearby Boulder King Soopers. Twenty year old Stong had just returned from shooting when he was killed. He had told friends and family he couldn’t wait to turn 21 so he could get his concealed carry permit. In Kroger stores like King Soopers though, even if he had been 21, that would have been against their “gun free” policy – a policy that does nothing to stop those wishing to do harm but certainly does stop many who don’t want to break the rules.

I’ll end with a powerful statement a friend and fellow supporter of the right to self defense, Greg Powers, wrote:

When the gun control extremists start with the narrative that citizens should not carry weapons or intervene in dangerous situations, our verbal response should be logical and directly to the point of motivation behind responding to these situations.

In Florida, Officer Scot Peterson was getting paid while he stood outside Marjory Stoneman high school for 48 minutes listening to rifle fire while a shooter walked through the school unimpeded. In Arvada, armed citizen Johnny Hurley voluntarily RAN toward the gunfire in less than a minute to save lives. He shot the suspect and ended the attack. If shit hits the fan near your loved ones, who would you rather have nearby?

Chances are unless someone is running errands alone, they will be out with friends or family. Eating Dinner, shopping, etc. They will be the first responder not only for themselves, but for their friends/family. Asking them to wait for police to respond and then interpret the situation (who/where are the bad guys etc.) is going to be too late. If an armed parent had been outside Marjory Stoneman when the shooting began, I guarantee they would have done the same thing Johnny Hurley did in Arvada and run toward the sound of gunfire. They would NOT be sitting outside for 48 minutes thinking “gee, I hope my kid is ok”

Rest in Peace Mr. Hurley.

Johnny Hurley will always hold a special place in my heart as a hero, right up there with Kendrick Castillo, the brave 18 year old young man who rushed a fellow student, and killer, during the 2019 STEM School Shooting. Because of Kendrick’s actions that day, none of his classmates died, although he did.

Here is a link to Johnny’s GoFundMe: https://www.gofundme.com/f/good-samaritan-john-hurley

Here is a link to an event to honor Johnny on Saturday, June 26th at 1pm in Longmont, CO: https://www.facebook.com/events/541045126925632

Concealed Carry Banned Under Proposed Colorado Control Gun Law

Concealed Carry Banned Under Proposed Colorado Gun Law

In light of the tragic mass shooting at a King Soopers in Boulder, the gun control extremists in the Colorado legislature are taking aim at concealed carry. It should be noted the Boulder shooter did not have a concealed carry permit, nor did he attempt to conceal his firearm.

SB21-256 Local Regulation of Firearms essentially repeals and replaces the 2003 firearm preemption law in Colorado Revised Statutes which prohibits local governments from creating firearm laws that would differ from state law. This 2003 law is important because if each of our 64 counties and 271 municipalities had different laws regulating firearms, things could get pretty messy for gun owners who have every intention of obeying the law.

This bill would replace the preemption language with new language stating firearm laws are, in fact, a matter of local concern, and local governments can enact their own laws but ONLY if they are more strict than state law – otherwise those Second Amendment Sanctuary Counties would grow some teeth.

In the day and age of criminal justice reform being such an important and versed issue, it would seem most plausible they wouldn’t want to make it harder for people to obey the law. That obviously doesn’t apply to gun owners.

SB21-256 changes current preemption language to state a “…local government may enact an ordinance, regulation, or other law governing or prohibiting the sale, purchase, transfer or possession of a firearm, ammunition, or firearm component or accessory that a person may lawfully sell, purchase, transfer, or possess under state or federal law.”

This means any of those 64 counties or 271 towns and cities would be able to restrict firearms to whatever level their governing body should choose. Undoubtedly Second Amendment court challenges would follow…

The bill then goes on to add “…a local government, including a special district, or the governing board of an institution of higher education many enact an ordinance, resolution, rule, or other regulation that prohibits a permittee from carrying a concealed handgun in a building or specific area within the local government’s or governing board’s jurisdiction.”

This language allows for any of those 64 counties, 271 towns and cities, 2,800 special districts, or 64 colleges to ban concealed carry whenever and wherever they’d like within their jurisdiction. Does this mean just parks and government buildings? Or downtown areas?  Or can they choose to ban concealed carry within their entire city or county limits? From the way the bill is currently worded, they’d be able to ban it at city or county limits.  And have no doubt, many cities would love to enact a conceal carry ban and strip their citizens of the right to self defense.

So, quick recap: After a madman murdered 10 people in a grocery store, in a state where violent crime is skyrocketing, the solution lawmakers have come up with to prevent tragedies like this from happening again is to strip responsible gun owners, and those worried for their own self protection, of their right to self defense in their own towns, counties, and even on college campuses where 1 in 5 women are sexually assaulted.

Many may think this bill is a knee-jerk reaction, but have no doubt, it is an intentional swipe at the firearm preemption law that has been in place since 2003. Ten days before the Boulder King Soopers shooting, a Boulder County District Judge overturned a City of Boulder ordinance banning so-called “assault weapons” along with magazines over 10 rounds. Virtue signaling gun grabbers like to use this example as to why the preemption law needs repealed. What they fail to mention is Boulder’s own set of gun laws would have done nothing to stop the shooter.  He didn’t live in Boulder.  He didn’t purchase his firearm in Boulder.  The heinous acts he committed are already highly illegal and would have carried a maximum sentence of the death penalty had Colorado not repealed it in 2020.  The only other crime committed by the Boulder shooter that would have been covered under Boulder’s own specific town laws is the open carrying of a long gun outside of the vehicle in the King Soopers parking lot – before he began his massacre. That part of the Boulder ordinance was NOT overturned by the judge, yet the Boulder DA has not added it to his list of charges.  The Boulder DA also has not added the crime of lying on ATF Form 4473 which the shooter did when he answered yes to question 21(c): if he’d ever been convicted of a crime that carried a maximum penalty of 12 months or more in prison even if he received a lesser sentence including probation. In 2017 he was convicted of Third Degree Assault which is a Misdemeanor 1 carrying a maximum sentence of 18 months in prison. Lying on ATF Form 4473 is a felony punishable by up to 5 years in prison.

This bill passed the Senate State, Veterans and Military Affairs committee on Tuesday, May 11th.  It has not yet been scheduled for Second Reading in the Senate.

Please email your State Senators and ask they vote NO on this atrocious bill! 

Not sure who your State Senator is? Look them up HERE.
If you know who your State Senator is but need contact info, find all their info on our Elected Officials page HERE.

Follow all Colorado gun related legislation at our Legislative Watch page HERE.

 

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Questions Everyone Should Be Asking About Red Flag Emergency Risk Protection ERPO Gun Laws : Rally for our Rights Colorado

Fast Tracked Gun Control Bills In Colorado Make FIVE For 2021 Legislative Session

Want the Tl;dr version of the three gun control bills Colorado just introduced? Scroll down to below the graph.

Colorado tends to fly fairly under the radar when it comes to national chatter about gun control. A very libertarian state where guns and weed are common topics of conversation, the last time a major push for gun control took place was in 2013 when expanded background checks and a ban on so-called high capacity magazines passed.  That legislation triggered a recall effort that unseated three Democrat legislators and flipped the majority to Republican control in the 2014 general election.

Since that time the only major piece of gun control legislation that has ended up with the governor’s signature was the passage of a Red Flag Extreme Risk Protection Order law in 2019 after similar legislation failed the year prior.  The 2020 legislative session was a total meltdown due to COVID and the blessing out of that was gun control was dropped from the agenda. Enter 2021 and the gun control extremists are more motivated than ever to pass more ineffective laws that will do nothing to reduce firearm crime and suicide.  Note the chart below shows exactly how the laws Colorado has already passed have had the exact opposite effect than promised. The longer they continue to misdiagnose and mistreat this problem, the longer it will persist.

Already in the first 60 days of the 2021 legislative session, the governor has signed two pieces of gun control: SB21-078 Mandatory Reporting of Lost and Stolen Firearms, and HB21-1106 Mandatory Safe Storage of Firearms. Both of these bills are so poorly written it’s glaringly obvious no one who knows anything about guns even helped to write them as they are full of loopholes. And now, on the tail of the Boulder King Soopers shooting, virtue signaling Democrats have wasted no time exploiting the horrific murders of innocent people by pushing for new laws that they even admit would have done nothing to stop the shooter, but without a doubt make sure it’s harder for law abiding citizens to protect themselves from the evil we continue to face.

Three Gun Control Bills Introduced

On April 29, 2021 a package of three gun control bills were introduced. These bills are being fast tracked, going from committee to debate in the House Chamber on the same day.  Ideas so “good” they have to try to hide to proceedings from the public. Here’s the run down of each:

HB21-1298 Expand Firearm Transfer Background Check Requirements

The 2013 background check law already extended the current federal background check requirements to private sales and transfers as well as expanded prohibition to include mental health disqualifiers, dating partners who commit domestic violence, and more.  To purchase a firearm in Colorado, the buyer must pass both a NICS background check and a CBI background check.

This new bill would expand upon that even more to include what they consider “Violent Misdemeanors”, with those convicted becoming a prohibited person for 5 years.  Of course they always have to go big and include simple harassment (say you caught someone sleeping with your wife and you yelled at them – that’s harassment in Colorado) with more heinous crimes like sexual assault and child abuse. But here’s the kicker – of the list of new 11 qualifying misdemeanors, all but two are a Misdemeanor 3. Why does this matter?  Because when form 4473 is completed to submit to a background check, question 21(c) is asked: “Have you ever been convicted in any court, including a military court, of a felony, or any other crime for which the judge could have imprisoned you for more than one year, even if you received a shorter sentence including probation?” A yes answer on this question is an automatic disqualifier. And both Misdemeanors 1 and 2 carry a maximum penalty of 12 month or more in prison. Misdemeanor 3 carries a maximum of 6 months.

For all my researchers, here are the crimes they are adding, followed by their Colorado Revised Statute (C.R.S.) number, and what level misdemeanor they fall into:

• Assault Third Degree: 18-3-204 – M1
• Menacing: 18-3-206 – M3
• Sexual Assault: 18-3-402 (1)(e) – M1
• Child Abuse: 18-6-401 – M1 7a(V); M2 7b(VI); M2 7b(I); M3 7b(II)
• Violation of Protection Order: 18-6-803.5 – M2 with no prior violations, M1 with prior violations
• Crime Against At Risk Person: 18-6.5-103 – M1
• Harassment: 18-9-111 (1)(a) – M3; M1 if pursuant to 18-9-121(5)(a)&(b)
• Bias Motivated Crime: 18-9-121 – M1
• Cruelty to Animals: 18-9-202 – M1
• Possession of an Illegal Weapon: 18-12-102 – M1
• Unlawfully providing a firearm, other than a handgun, to a juvenile: 18-12-108.7 (3) – M1

This is the only law they claim would have stopped the Boulder shooter, as he bought his firearm legally several days before committing his massacre AND two years prior had been convicted of Third Degree Assault, a M1 that carried up to 18 months in prison. But as I previously mentioned…wouldn’t he already be prohibited based on question 21(c) of his 4473? Why isn’t the Boulder County DA charging him with lying on that form? But it also points to another issue that is never addressed – these background checks systems are only as good as the data put into them.

HB21-1298 also closes what the gun control extremists like to call “The Charleston Loophole”.  This so-called loophole allows a FFL to transfer the firearm to the new owner without a background check if the background check is formally delayed for more than 3 days. First, they love to call it the Charleston Loophole so they can exploit more tragedy and ignore the fact the police and FBI knew the Charleston Church Shooter had obtained a firearm when he was prohibited and they did absolutely nothing about it. 6 months later it was used to take lives of innocent people. But giving those same agencies more authority is supposed to fix the problem. And second, FFLs in Colorado don’t transfer guns to those who don’t pass background checks. Call around and ask. There is no shortage of customers who will pass background checks to buy that gun. Additionally, this bill extends the time agencies have to review a background check denial from 30 days to 60 days, and allows for indefinite denial without disposition in certain instances.

PLEASE CONTACT YOUR STATE HOUSE REPS AND TELL THEM TO VOTE NO ON THIS BILL! 

If you would like to go a step further and email every member of the Colorado House of Representatives (like the gun grabbers do), we’ve divided them up so you can easily send three emails by clicking the links below and connect with every House Rep across the state. Remember, this includes every State House Rep and some are on your side, but they still need to hear from you so they know how strong the opposition is to these bills!

OPPOSE HB21-1298: (even more) Expanded Firearm Background Checks

CLICK HERE TO EMAIL LAWMAKER GROUP #1
CLICK HERE TO EMAIL LAWMAKER GROUP #2
CLICK HERE TO EMAIL LAWMAKER GROUP #3

 

HB21-1299 Office Of Gun Violence Prevention

This bill creates a new entity within Colorado Department of Public Health and Environment (CDHPE) called the Office of Gun Violence Prevention. Yes, these are the same unelected bureaucrats who have handled COVID in Colorado for the past year. This new entity would have a director and at minimum two full time employees. The responsibilities of this office will be to “…increase the awareness of, and educate the general public about, state and federal laws and existing resources relating to gun-violence prevention.” That includes how to safely store guns, how to report a lost or stolen weapon, how to access mental health care and how to utilize Colorado’s Red Flag Law. This would be done via campaigns using television, radio, internet, direct mail, etc.  The office will also be tasked with collecting “evidence based” gun violence data and providing grants to those wishing to promote gun safety in the community – but again, only those with “evidence based” solutions.  The office will also track and publish what local firearm laws are in place across the state, as they assume SB21-256 will pass (read below about this atrocious bill). They are requesting $3 million dollars for fiscal year 2021-2022.

PLEASE CONTACT YOUR STATE HOUSE REPS AND TELL THEM TO VOTE NO ON THIS BILL! 

If you would like to go a step further and email every member of the Colorado House of Representatives (like the gun grabbers do), we’ve divided them up so you can easily send three emails by clicking the links below and connect with every House Rep across the state. Remember, this includes every State House Rep and some are on your side, but they still need to hear from you so they know how strong the opposition is to these bills!

OPPOSE HB21-1299:  Creates Office of Gun Violence

CLICK HERE TO EMAIL LAWMAKER GROUP #1
CLICK HERE TO EMAIL LAWMAKER GROUP #2
CLICK HERE TO EMAIL LAWMAKER GROUP #3

A few other states have similar offices of gun violence prevention. Three of the most prominent such efforts are New York City Office of Gun Violence Prevention, Marylanders to Prevent Gun Violence, and Illinois Gun Violence Prevention Coalition.

What have been the results?

New York City: Since the creation of the New York City Office of Gun Violence Prevention, the city has gone from being one of the safest urban centers in the country to a return of the Death Wish years. In 2020, shootings increased 97% percent and homicides 44%

Maryland: Baltimore remains one of the most dangerous cities in America. In 2020, compared to Denver which documented 60 gun homicides, Baltimore recorded 298. More people in Baltimore were murdered with guns than in the entire state of Colorado.

Illinois: In 2020, Chicago documented 719 gun homicides, an increase of 55% from 2019. Chicago is the murder capital of the US.

SB21-256 Local Regulation Of Firearms

This bill would essentially repeal and replace the Firearm Preemption Law that has been a cornerstone of gun rights here in Colorado since 2003.  It’s what got Boulder’s assault weapon ban overturned – although even the sponsors of this bill have said their ban wouldn’t have stopped the Boulder shooter (and newsflash for them, bans don’t stop murderers). Currently localities and municipalities are barred from creating their own gun laws that are more strict (or less strict) than what is current state law.  This is because it is unreasonable to expect firearm owners to know hundreds of different laws as they travel over imaginary county and city lines across Colorado, and anything otherwise would create a whole new class of innocent criminals.

SB21-256 repeals that and replaces it with language allowing localities and municipalities to create their own gun laws  BUT only if they are more strict than current state law, “…local government may enact an ordinance, regulation, or other law governing or prohibiting the sale, purchase, transfer or possession of a firearm, ammunition, or firearm component or accessory that a person may lawfully sell, purchase, transfer, or possess under state or federal law.”

It also gives counties, municipalities, special districts and colleges the ability for their governing bodies to prohibit conceal carry, “…a local government, including a special district, or the governing board of an institution of higher education many enact an ordinance, resolution, rule, or other regulation that prohibits a permittee from carrying a concealed handgun in a building or specific area within the local government’s or governing board’s jurisdiction.”

PLEASE CONTACT YOUR STATE HOUSE REPS AND TELL THEM TO VOTE NO ON THIS BILL! 

If you would like to go a step further and email every member of the Colorado State Senate (like the gun grabbers do), we’ve provided a link below. By clicking the link below you can connect with every State Senator across the Colorado. Remember, this includes every State Senator and some are on your side, but they still need to hear from you so they know how strong the opposition is to these bills!

OPPOSE SB21-256: Local Regulation of Firearms

CLICK HERE TO EMAIL EVERY STATE SENATOR

 

Two other bills we were expecting to see seem to have received the ax this year. Those would be an Assault Weapons Ban and Mandatory Waiting Periods.  You can follow all Colorado gun bills as they make their way through both the house and senate chambers on our Legislative Watch page.

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