Colo Sheriffs who use discretionary authority to deny/revoke concealed carry permits


Mark S.

New member
Another reason for open carry ... your local sheriff in Colorado may use his/her discretionary authority to deny or revoke concealed carry permits and there is a growing trend that Sheriffs are exercising that authority. That means that even if you have not been charged or convicted of a crime, involved in domestic violence or suffer from a mental illness or addiction, Colorado Sheriffs simply ignore the "shall issue" language of the statute and deny or revoke concealed handgun permits.

Said differently, you may not be able to get a concealed handgun permit in Colorado simply because your local elected sheriff does not like you.

This has become a political issue in Teller county where 1/3d of the revocations in the state are attributable to the local sheriff. The reports from the state showing how many concealed weapons permits are granted, denied and revoked by county are posted here (and attached to this post):

2nd Amendment Rights | Mark Manriquez for Teller County Sheriff

Note that in Teller county the sheriff revoked about 10% of the concealed handgun permit renewals under his discretionary authority. In contrast, in Douglas county, the Sheriff revoked only 1 renewal application among a pool of about 1,500.

In Denver, 4 years ago, no applications were denied under the Sheriff's discretionary authority. But, in 2013, 47 applicants were denied under the Sheriff's discretionary authority. What changed in Denver? Likewise, in El Paso County in 2013, 85 applicants were denied under the discretionary authority -- these are not people denied for criminal reasons, for domestic violence or addiction or mental illness.

Are these discretionary denials and revocations made of political opponents or because the Sheriff does not like someone?

While there are Sheriffs who are 2nd Amendment supporters in Colorado, these reports indicate that there are significant numbers who believe that Sheriffs have the authority to ignore the "shall issue" language of the statute and deny law abiding citizens the right to bear arms.

I've contacted Colorado gun organizations (including the NRA) and they don't seem to care about this ... they are more concerned about getting a dollar from members to challenge Bloomberg rather than recognize that the folks who are actually violating gun laws are local, elected Sheriffs.

IMHO, this is a reason for supporting Chris Holbert's Constitutional Carry bill.
 

they are more concerned about getting a dollar from members to challenge Bloomberg rather than recognize that the folks who are actually violating gun laws are local, elected Sheriffs.

Becoming more and more true of the NRA.
 
Wait, doesn't this contradict what many of the sheriffs said about the new bogus laws and how they were not going to enforce them? :wacko:
 
Here's another bill to push for.

U.S. Representative Marlin Stutzman (R-IN), Stutzman’s bill (H.R. 578) would enact concealed carry reciprocity, while not imposing new regulations upon those states that have enacted constitutional carry laws. In doing so, H.R. 578 respects the federalist nature of our Constitution. There are other reciprocity bills in the House of Representatives, but Stutzman’s is the only one that protects the Second Amendment … protects constitutional carry … and does not impose any federal standards or schemes regarding state permits.
 
Wait, doesn't this contradict what many of the sheriffs said about the new bogus laws and how they were not going to enforce them? :wacko:

Yes, it does. but Sheriffs are politicians and can appear to be pro-2nd Amendment by making a big noise about resisting gun control efforts by filing a lawsuit against the state all while revoking handgun permits under their discretionary power. There are Sheriffs who believe that they have the right to decide what the law is and that "shall issue" language in Colorado statutes is just a suggestion.

Other states recognize that local law enforcement can and does interpret laws inconsistently and vests the authority to issue or renew concealed weapons permits with the state. For example, in Kansas, concealed weapons permits are issued by the Attorney General and many states have laws that pre-empt local laws that infringe on the right to bear arms because many local jurisdictions are anti-gun. Indeed, all of the cases that have gone to the US Supreme Court (Heller, McDonald, etc) involved some local jurisdiction (Chicago, DC) imposing gun restrictions in the interests of public safety.
 
Those Sherrifs need to be replaced on the next election run if possible they are not up holding the constitution in my opinion


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It has been 4 weeks now since I turned in my CHP paperwork for El Paso County, Sheriff Terry Maketa in charge. Sheriff Maketa has had a good reputation for issuing CHPs, but I have not heard anything regarding his office revoking or renewing permits. Anyone familiar with past El Paso Sheriff dept policies in this regard?

Edited to ask: Without hurting my head by doing the math, could the number of refusals be due to the larger number of requests? In other words, the more requests received the more number of denials?

El Paso County
2010 - 2790 permit requests received = 28 discretionary denials + 5 revocations
2013 - 12,261 permit requests and renewals received = 85 discretionary denials + 6 revocations
 
It has been 4 weeks now since I turned in my CHP paperwork for El Paso County, Sheriff Terry Maketa in charge. Sheriff Maketa has had a good reputation for issuing CHPs, but I have not heard anything regarding his office revoking or renewing permits. Anyone familiar with past El Paso Sheriff dept policies in this regard?

Edited to ask: Without hurting my head by doing the math, could the number of refusals be due to the larger number of requests? In other words, the more requests received the more number of denials?

El Paso County
2010 - 2790 permit requests received = 28 discretionary denials + 5 revocations
2013 - 12,261 permit requests and renewals received = 85 discretionary denials + 6 revocations

Sheriff Makeda has a good reputation... the whole lawsuit was his idea. I know his county was trying to convince him to run for governor, but haven't heard much about that. It does take forever to process for some of the smaller counties... My county took almost the full 90 days, but they were pleased to issue it.
 
It has been 4 weeks now since I turned in my CHP paperwork for El Paso County, Sheriff Terry Maketa in charge. Sheriff Maketa has had a good reputation for issuing CHPs, but I have not heard anything regarding his office revoking or renewing permits. Anyone familiar with past El Paso Sheriff dept policies in this regard?

Edited to ask: Without hurting my head by doing the math, could the number of refusals be due to the larger number of requests? In other words, the more requests received the more number of denials?

El Paso County
2010 - 2790 permit requests received = 28 discretionary denials + 5 revocations
2013 - 12,261 permit requests and renewals received = 85 discretionary denials + 6 revocations

I'm no math major, either, but the change does not seem to be related to the volume of permits.

For example, Denver (urban county)
2010 -- 688 permits issued, 0 discretionary denials, 0 discretionary revocations
2013 -- 1813 new permit applications, 47 discretionary denials, 370 permit renewals, 0 discretionary revocations

Douglas county (suburban county)
2010 -- 1058 permits issued, no discretionary revocations or denials
2013 -- 3675 permit applications and 1495 permit renewals, 1 discretionary revocation

Teller county (tiny rural county)
2010 -- 353 permits issued, no discretionary denials or revocations
2013 -- 545 permit applications, 0 discretionary denials; 135 renewals, 12 revocations (about 10%)

From where I sit, the numbers suggest that there is a different standard being applied by Sheriffs in 2013 and a different standard is being applied in each county's Sheriff. Whether you can get a permit and keep it depends on where you live in Colorado.
 
It has been 4 weeks now since I turned in my CHP paperwork for El Paso County, Sheriff Terry Maketa in charge. Sheriff Maketa has had a good reputation for issuing CHPs, but I have not heard anything regarding his office revoking or renewing permits. Anyone familiar with past El Paso Sheriff dept policies in this regard?

I live in El Paso County, too. My wife and I received our CHPs in the mail just a tad over four weeks after our appointments at the Sheriff's office. This was back in January of this year.
 
Ah!! Nothing like having to shell out a fist full of dollars ...
Just to exercise a Constitutionally protected Right!
Ya just gotta love politicians...
 
I live in El Paso County, too. My wife and I received our CHPs in the mail just a tad over four weeks after our appointments at the Sheriff's office. This was back in January of this year.

Well, my CHP just arrived today! It took just over five weeks from the time I turned in the app. This is something I could never get growing up in Los Angeles County, CA where you had to know someone, be a movie star or own a jewelry store to get a CC permit. :happy:
 
Those Sherrifs need to be replaced on the next election run if possible they are not up holding the constitution in my opinion


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Of course putting a sign in your yard or sticker on your vehicle for the challenger might get your permit revoked :rolleyes:
 
Well, my CHP just arrived today! It took just over five weeks from the time I turned in the app. This is something I could never get growing up in Los Angeles County, CA where you had to know someone, be a movie star or own a jewelry store to get a CC permit. :happy:

Awesome! I think we're pretty lucky to live in a gun-friendly county. From what I've read about the incoming Sheriff (Link Removed, he's very pro-2A and RKBA.
 
Pro 2nd Amendment Sheriffs

Awesome! I think we're pretty lucky to live in a gun-friendly county. From what I've read about the incoming Sheriff (Link Removed, he's very pro-2A and RKBA.

All the Sheriffs claim to be pro 2nd Amendment. They are politicians who get elected based on the pandering assertions they make regarding guns, gays, God and abortion. However, how they act once they get into office is another matter altogether.


The reports they make to the legislature showing how many CHP applications and renewals were processed, denied or revoked are not posted anywhere so that the public can see them. You've got to make a special request -- like CORA -- to get them. My understanding is that the reports are compiled every March, so you don't know what 2014 looks like.


A test for political motivation behind denials and revocations will be the stats for 2014 for El Paso county where Maketa has been at the center of a political firestorm.


This issue is when we need pro-gun organizations, like the NRA, the Rocky Mountain Gun Owners Association and the Pikes Peak Firearms Coalition to weigh in. They also claim to be pro-2nd Amendment, but their inaction in local races, where it counts, speaks louder than words.
 

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