Garfield County affirms support for Second Amendment preservation

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July 9, 2019

GARFIELD COUNTY, CO – The Board of County Commissioners unanimously supported a resolution declaring Garfield County as a Second Amendment Preservation County. The move is in response to “red flag” legislation that was recently passed by the Colorado House of Representatives.

That bill, known as HB 19-1177, is expected to be signed into law by Gov. Jared Polis. The commissioners and Garfield County Sheriff Lou Vallario vowed to defend the Second Amendment of the U.S. Constitution.

“There are clear grounds on this document to set up an injunction or a lawsuit against this statute that the governor may sign,” Vallario told the board. “That’s our legal process.”

The resolution affirmed the BOCC’s support of the sheriff’s decisions regarding enforcement of laws. It noted that the commissioners will not appropriate funds to pay for activities, facilities or personnel that could be used to infringe on Second Amendment rights.

“It’s important to talk about what form of government a county is, and what powers we have,” said Commissioner Tom Jankovsky. “We are a statutory government. So when we pass a resolution here, the authority it has is as a recommendation, but it doesn’t become a law.”

County Attorney Tari Williams noted that a statutory government only has the powers that are given to it by the state.

“The county is considered an arm of the state,” she said.

“We must adhere to the rules of the state, and can make them more stringent, but not lessen them,” Commissioner John Martin added.

The resolution passed unanimously, 3-0.

“It’s not a sanctuary, where someone can come here and have sanctuary from state law,” Jankovsky noted. “We want preservation of the Constitution of the United States of America, and part of that is the Second Amendment.”