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Thread: Has Anybody Wondered About This Line?

  1. #1
    Regular Member M-Taliesin's Avatar
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    Has Anybody Wondered About This Line?

    Howdy Folks!
    I got curious about a particular line in the Colorado State Constitution.
    Specifically, one line in Article 2, section 13:

    Section 13. Right to bear arms. The right of no person to keep and bear arms in defense of his home, person and property, or in aid of the civil power when thereto legally summoned, shall be called in question; but nothing herein contained shall be construed to justify the practice of carrying concealed weapons.

    Has anybody else wondered about this line? It indicates that a gun owner might be called upon to support law enforcement if so summoned to do so. When I was at Citizen's Academy today, I asked about this line. Since the constitution was written in the late 1800's, it made some sense at that time. A crime happened and the sheriff might immediately deputize a number of men to form a posse: "Get your gun, horse and get ready to ride after the bad guys!" sort of thing.

    What I thought curious is that the language remains in the section to this day. While it is highly improbable that a gun owner might be called to arms by their local LEA, it would appear that it isn't beyond possibility.

    Your thoughts Coloradoans?

    Blessings,
    M-Taliesin

  2. #2
    Campaign Veteran since9's Avatar
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    Quote Originally Posted by M-Taliesin View Post
    Howdy Folks!
    I got curious about a particular line in the Colorado State Constitution.
    Specifically, one line in Article 2, section 13:

    Section 13. Right to bear arms. The right of no person to keep and bear arms in defense of his home, person and property, or in aid of the civil power when thereto legally summoned, shall be called in question; but nothing herein contained shall be construed to justify the practice of carrying concealed weapons.

    Has anybody else wondered about this line? It indicates that a gun owner might be called upon to support law enforcement if so summoned to do so.
    That's it, precisely. Any law enforcement officer can deputize a citizen, either for the specific performance of a duty ("keep him here until I return") or in a broader capacity such as in a time of natural disaster.

    When I was at Citizen's Academy today...
    Should they need to deputize citizens, who do you think they might call on first? Some unknown, or one or more of those who've attended the Citizen's Academy?
    The First protects the Second, and the Second protects the First. Together, they protect the rest of our Bill of Rights and our United States Constitution, and help We the People protect ourselves in the spirit of our Declaration of Independence.

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    Quote Originally Posted by since9 View Post
    That's it, precisely. Any law enforcement officer can deputize a citizen, either for the specific performance of a duty ("keep him here until I return") or in a broader capacity such as in a time of natural disaster.



    Should they need to deputize citizens, who do you think they might call on first? Some unknown, or one or more of those who've attended the Citizen's Academy?
    Hello M-T and Since9, I did wonder about this a few months ago. While I've never heard of a LEO deputizing an legally armed citizen to assist the LEO, I can see it makes sense in a major disaster where LEO is overwhelmed. I agree, they are more likely to call on folks who have been through citizens academy, and the National Guard.

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    Regular Member MKEgal's Avatar
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    While I don't have the good fortune to live in your great state, may I play through?
    It looks to me like the "sheriff forms a posse" is a valid possibility under the law,
    but it could include a militia in the original sense of the word, mobilized against terrorists / invaders,
    and even something as simple & unorganized as a cop in pursuit yelling "get him!" (though that would be unlikely to involve shooting).

  5. #5
    Regular Member M-Taliesin's Avatar
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    Quote Originally Posted by MKEgal View Post
    While I don't have the good fortune to live in your great state, may I play through?
    Howdy MKEgal!
    By all means, and welcome to our forum. We are friendly folks around here, and enjoy folks dropping by for a bit of civil discussion. I hope you enjoy this board!

    Quote Originally Posted by MKEgal View Post
    It looks to me like the "sheriff forms a posse" is a valid possibility under the law,
    but it could include a militia in the original sense of the word, mobilized against terrorists / invaders,
    and even something as simple & unorganized as a cop in pursuit yelling "get him!" (though that would be unlikely to involve shooting).
    I think your perception makes a good deal of sense. But if a cop yells "get him" and he's brandishing a weapon, I'd likely pull my pistol because it may well prove necessary.

    If you don't mind, I'm going to expand on your theory just a little bit. Consider, if you will, a civil upheaval. Perhaps a situation where even the cops bug out of town as they did in New Orleans after Katrina. Shorthanded, they needed any help they could get for awhile there.

    Another idea might be an officer who becomes incapacitated when dealing with a deadly assailant and if you don't act, he'll surely die. The officer might well need to call upon anyone within earshot to help him stay alive.

    Just a few things I thought of when reading your response.

    Thank you for contributing to this thread, and to our Colorado OC forum!

    Blessings,
    M-Taliesin

  6. #6
    Campaign Veteran since9's Avatar
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    Quote Originally Posted by M-Taliesin View Post
    Another idea might be an officer who becomes incapacitated when dealing with a deadly assailant and if you don't act, he'll surely die. The officer might well need to call upon anyone within earshot to help him stay alive.
    This has happened on many occasions over the last couple of centuries. In these scenarios, absent specific law, the courts usually apply the "rational man" concept i.e. "What would a rational man do?" Most rational folk would secure the area, render first aid, and call 911 for help.
    The First protects the Second, and the Second protects the First. Together, they protect the rest of our Bill of Rights and our United States Constitution, and help We the People protect ourselves in the spirit of our Declaration of Independence.

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