Lines 100-104 deal with the ability and necessity of occasionally calling upon armed citizens to assist law enforcement. The argument is put forth that limiting the efficacy of citizen's arms impedes that purpose. The Ted Bundy case is cited as an actual example of Sheriffs doing just that.
No argument could be more literally in sync with the 2nd amendment's only announced purpose: the ability of the government to call forth an armed citizenry to effect security. In my opinion, this constitutional argument from 54 sheriffs is one of the strongest to date against AWB's and magazine limits.
100. In addition to the core infringement on a fundamental right inherent in any enforcement of these provisions, the result of the many ambiguities will be varying individual decisions and inconsistent enforcement across jurisdictions. Effective law enforcement depends on close and supportive relations between the public and law enforcement. Unconstitutional, vague laws which are inconsistently enforced poison that relationship, and make it significantly more difficult for the Sheriffs to receive the witness cooperation, tips, and other forms of public support which are necessary to effective law enforcement in a free society.
101. Sheriffs have the common law power to request the armed assistance of able-bodied adults in their County. This is known as the “posse comitatus.” One well-known use of the posse in Colorado was in June 1977, when Pitkin County citizens with their own guns responded to a request to help with the search for escaped mass murderer Theodore Bundy.
102. Sheriffs also have the authority to appoint deputies who are not certified peace officers. The “non-certified” deputies may be appointed for a limited period of time, or for specific tasks. C.R.S. §§ 16-2.5-103(2); 30-10-506. Particularly in rural parts of Colorado, Sheriffs utilize the authority to deputize individuals to augment law enforcement efforts in times of disturbances and natural disasters.
103. When those Sheriffs deputize, they do not have a cache of firearms to issue. Moreover, a person who is deputized in an emergency will be safer and more effective using his or her personal firearm, with which he or she is already familiar.
104. HB 1224 seriously impedes the ability of Sheriffs to call upon armed citizen assistance during emergencies and natural disasters because it prevents citizens from having the types of magazines which the Sheriffs and their ordinary deputies have determined to be most effective for the preservation of public safety.