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Article II, Section 13 of the Colorado Constitution States:
Of course, it has been over 100 years since the founding of Colorado as a State and like the slow erosion of our majestic Rocky Mountains the Colorado Bill of Rights (Article II) has been slowly eviscerated.
I learned of the destruction of our rights first hand when two cars unexpectedly and aggressively charged down our one quarter mile long rural driveway in Adams County, Co. I had reason to be defensive as I had been recieving threats from our estranged oldest daughter for some days prior that my wife and I would loose our children. (That's an interetsting story all by itself). I grabbed my shotgun, held it high above my head for the approaching vehicles to see, and they continued their advance.
There were two vehicles, a white subcompact and a what looked like a pickup truck with a camper shell. I have four "keep out" signs posted at the entrance to our driveway that they just scooted past.
When the trailing vehicle was about 100 yards away I realized the vehicle was the Adams County Sheriff's. I lowered my gun so that I was holding it with two hands, left hand on the barrel and right hand on the stock with the barrel pointed up and to the left away from everyone and into an open field. The first question I asked when the Deputy leaned out behind his door was whether the Deputy had a warrant, when the response was No, I informed him he was trespassing and should leave.
As the Police reports document, I never pointed my gun at anyone, I never verbally threatened anyone, I never advanced my position, I simply stood deep within my own property holding my gun. I was arrested the next day, charged with one count of felony menacing on a Police Officer and two counts of Felony menacing on the occupants of the first vehicle (Which turned out to be Social Service case workers --- they never spoke to me and I never spoke to them).
To emphasize, I stood still against the advancement of multiple vehicles holding my gun for all to clearly see, I never threatened and I was arrested, jailed and charged with crimes where the minimum mandatory sentence is 10 years.
Here in Adams County our officials have found a loop hole in the 4th amendment to the U.S Constitution, Sections 7 & 13 of the Colorado Constitutions and our state trespass and affirmative defense statutory laws. If an official of the county views you with a gun and they advance on you until they have placed themselves in fear for their lives then you go to jail and have no rights.
I realize how absolutely bizarre this sounds. I must have done something to deserve such aggressive treatment. Yet, the facts speak for themselves and I have been publishing those facts on my web site: http://RuralJustice.com
I am writing this because I need some help. Does anyone know of an aggressive attorney in Colorado (Denver area) who is an expert with gun laws, trespassing laws and criminal defense?? I could use some referals as it recently became clear to me that my attorney is not an excellent advocate.
Article II, Section 13 of the Colorado Constitution States:
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.
That last clause; "but nothing herein contained shall be construed to justify the practice of carrying concealed weapons" is WHY Colorado is an Open Carry State. There was a strong belief that an honest person carried their weapon for the world to see when our State was founded.
Of course, it has been over 100 years since the founding of Colorado as a State and like the slow erosion of our majestic Rocky Mountains the Colorado Bill of Rights (Article II) has been slowly eviscerated.
I learned of the destruction of our rights first hand when two cars unexpectedly and aggressively charged down our one quarter mile long rural driveway in Adams County, Co. I had reason to be defensive as I had been recieving threats from our estranged oldest daughter for some days prior that my wife and I would loose our children. (That's an interetsting story all by itself). I grabbed my shotgun, held it high above my head for the approaching vehicles to see, and they continued their advance.
There were two vehicles, a white subcompact and a what looked like a pickup truck with a camper shell. I have four "keep out" signs posted at the entrance to our driveway that they just scooted past.
When the trailing vehicle was about 100 yards away I realized the vehicle was the Adams County Sheriff's. I lowered my gun so that I was holding it with two hands, left hand on the barrel and right hand on the stock with the barrel pointed up and to the left away from everyone and into an open field. The first question I asked when the Deputy leaned out behind his door was whether the Deputy had a warrant, when the response was No, I informed him he was trespassing and should leave.
As the Police reports document, I never pointed my gun at anyone, I never verbally threatened anyone, I never advanced my position, I simply stood deep within my own property holding my gun. I was arrested the next day, charged with one count of felony menacing on a Police Officer and two counts of Felony menacing on the occupants of the first vehicle (Which turned out to be Social Service case workers --- they never spoke to me and I never spoke to them).
To emphasize, I stood still against the advancement of multiple vehicles holding my gun for all to clearly see, I never threatened and I was arrested, jailed and charged with crimes where the minimum mandatory sentence is 10 years.
Here in Adams County our officials have found a loop hole in the 4th amendment to the U.S Constitution, Sections 7 & 13 of the Colorado Constitutions and our state trespass and affirmative defense statutory laws. If an official of the county views you with a gun and they advance on you until they have placed themselves in fear for their lives then you go to jail and have no rights.
I realize how absolutely bizarre this sounds. I must have done something to deserve such aggressive treatment. Yet, the facts speak for themselves and I have been publishing those facts on my web site: http://RuralJustice.com
I am writing this because I need some help. Does anyone know of an aggressive attorney in Colorado (Denver area) who is an expert with gun laws, trespassing laws and criminal defense?? I could use some referals as it recently became clear to me that my attorney is not an excellent advocate.