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LovelandPolitics
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Loveland - August 9, 2013
Loveland Mayor Cecil Gutierrez along with Council Members Joan Shaffer, Ralph Trenary and Phil Farley dropped
their objections to sending the governor a letter asking for a stay in enforcement of HB 1224, Colorado's new gun
control law that prohibits Coloradoans from buying ammunition magazines with a capacity of more than 15
rounds.
Five weeks after asking that reference to HB 1224 be removed from a previous letter the council sent the
governor objecting to enforcement of another controversial gun control law, HB 1229, the council's four
Democrats reversed their previous position last Tuesday and agreed to sign another letter to the governor this
time protesting HB 1224 as well; the magazine size limit law.
Their sudden change of heart may be attributed to compelling testimony by a number of Loveland businesses
regarding the dire economic impact the new law (HB 1224) will have on their businesses along with comments
by Loveland's Police Chief Luke Hecker who said the city will be at risk given the ambiguities of the law. Buddy
Meyer, who owns Tall Guns in Loveland and chairs the city's planning commission, provided the council a
powerpoint presentation overview of the law's ambiguities and far reaching impacts within the community.
While Colorado's Attorney General has provided a memorandum indicating several provisions will or will not be
enforced, Meyer explained that designing compliance around the clear language of the law exceeded the
governor's authority and creates a dangerous precedent.
Councilman Ralph Trenary drew an X over his name at the bottom of the proposed protest letter to the governor
at the beginning of the meeting while Mayor Gutierrez was clear in his many comments to friends and supporters
he would not "sign another letter" to the governor protesting enforcement of Colorado's new gun laws.
Following a unanimous vote by the council to send the second letter to the governor asking for a stay of
enforcement of a new Colorado gun law, each member made an impassioned speech about their own view of both
gun control and HB 1224. Both Gutierrez and Trenary appeared to rely on the impact to public law enforcement
in their concerns and not the indented impact on private citizens. They asked for an amendment addressing the
impact on public organizations which was agreed to by their colleagues.
Raw emotions were touched when Councilman Dave Clark expressed concern that some of his colleagues decided
to oppose the legislation only when they realized it could have a detrimental impact on the city's police
department or the National Guard. Both Mayor Cecil Gutierrez and Councilman Ralph Trenary are former
members of Colorado's National Guard and expressed doubt and frustration when learning even this venerable
institution is struggling to create a clear compliance plan for its own members under Colorado's new gun control
laws. Especially disconcerting were comments by Chief Hecker in response to questions by Councilwoman
Shaffer when he explained the Loveland Police Department is struggling to create a completely compliant policy
let alone try and enforce the complicated and confusing law upon local citizens.
Clark's specific comment that seemed to pivot the discussion for some into a defensive posture was;
"regardless if this is a is a private issue with private citizens or dealing with public law enforcement or even
the national guard it is a bad thing. I am concerned that some members, said 'oh now that it effects the
national guard or the public law enforcement oh than it is a bad thing. It was a bad thing even when it effected
our private citizens. I think we need to remember that and not look at it only in reaction to public officials"
Mayor Gutierrez later countered,
"........i just resent that being said that" while claiming to have been concerned over the impacts of the gun control
laws "from day one." This comment during the August 6, council meeting directly contradicts his comments on
the same topic during the July 2, meeting when Gutierrez feigned ignorance of the new laws stating he hadn't
really been paying attention to the subject since it is not a city issue. In addition, Gutierrez stated earlier in the
same meeting the city has no say in the matter therefore implied the letter and discussion was unnecessary.
Larimer County Sheriff Justin Smith also spoke to council on the topic saying,
"we are in unprecedented territory"
While he acknowledge the State Attorney General did give a reprieve to citizens by providing an alternative
direction for law enforcement officers he also explained it is dangerous to have the attorney general
reinterpreting a law differently than what is clearly written in the law. Sheriff Smith cautioned Loveland's City
Council that they already were caught in a 2nd Amendment violation case costing the city money.
Mayor Gutierrez Fingers A Loveland Resident As Would Be Mass Murderer
After saying he would get the last word, Mayor Gutierrez read from a police report detailing the cause for a search
warrant into a Loveland resident's home who neighbors say was shooting into a nearby field using his silencer on
an AR-15 rifle. According to Gutierrez, the confiscation of the accused guns and ammunition likely prevented
another mass murder but this time in Loveland. While the Mayor decided not to reveal the address or proper
name of the accused, his accusation may have legal ramifications for the city. Being accused of discharging a
firearm within city limits (criminal mischief) and planning a mass murder-suicide (first-degree murder) are two
completely types of crimes. No word on the individual's response to the Mayor's comment.
Loveland Mayor Cecil Gutierrez along with Council Members Joan Shaffer, Ralph Trenary and Phil Farley dropped
their objections to sending the governor a letter asking for a stay in enforcement of HB 1224, Colorado's new gun
control law that prohibits Coloradoans from buying ammunition magazines with a capacity of more than 15
rounds.
Five weeks after asking that reference to HB 1224 be removed from a previous letter the council sent the
governor objecting to enforcement of another controversial gun control law, HB 1229, the council's four
Democrats reversed their previous position last Tuesday and agreed to sign another letter to the governor this
time protesting HB 1224 as well; the magazine size limit law.
Their sudden change of heart may be attributed to compelling testimony by a number of Loveland businesses
regarding the dire economic impact the new law (HB 1224) will have on their businesses along with comments
by Loveland's Police Chief Luke Hecker who said the city will be at risk given the ambiguities of the law. Buddy
Meyer, who owns Tall Guns in Loveland and chairs the city's planning commission, provided the council a
powerpoint presentation overview of the law's ambiguities and far reaching impacts within the community.
While Colorado's Attorney General has provided a memorandum indicating several provisions will or will not be
enforced, Meyer explained that designing compliance around the clear language of the law exceeded the
governor's authority and creates a dangerous precedent.
Councilman Ralph Trenary drew an X over his name at the bottom of the proposed protest letter to the governor
at the beginning of the meeting while Mayor Gutierrez was clear in his many comments to friends and supporters
he would not "sign another letter" to the governor protesting enforcement of Colorado's new gun laws.
Following a unanimous vote by the council to send the second letter to the governor asking for a stay of
enforcement of a new Colorado gun law, each member made an impassioned speech about their own view of both
gun control and HB 1224. Both Gutierrez and Trenary appeared to rely on the impact to public law enforcement
in their concerns and not the indented impact on private citizens. They asked for an amendment addressing the
impact on public organizations which was agreed to by their colleagues.
Raw emotions were touched when Councilman Dave Clark expressed concern that some of his colleagues decided
to oppose the legislation only when they realized it could have a detrimental impact on the city's police
department or the National Guard. Both Mayor Cecil Gutierrez and Councilman Ralph Trenary are former
members of Colorado's National Guard and expressed doubt and frustration when learning even this venerable
institution is struggling to create a clear compliance plan for its own members under Colorado's new gun control
laws. Especially disconcerting were comments by Chief Hecker in response to questions by Councilwoman
Shaffer when he explained the Loveland Police Department is struggling to create a completely compliant policy
let alone try and enforce the complicated and confusing law upon local citizens.
Clark's specific comment that seemed to pivot the discussion for some into a defensive posture was;
"regardless if this is a is a private issue with private citizens or dealing with public law enforcement or even
the national guard it is a bad thing. I am concerned that some members, said 'oh now that it effects the
national guard or the public law enforcement oh than it is a bad thing. It was a bad thing even when it effected
our private citizens. I think we need to remember that and not look at it only in reaction to public officials"
Mayor Gutierrez later countered,
"........i just resent that being said that" while claiming to have been concerned over the impacts of the gun control
laws "from day one." This comment during the August 6, council meeting directly contradicts his comments on
the same topic during the July 2, meeting when Gutierrez feigned ignorance of the new laws stating he hadn't
really been paying attention to the subject since it is not a city issue. In addition, Gutierrez stated earlier in the
same meeting the city has no say in the matter therefore implied the letter and discussion was unnecessary.
Larimer County Sheriff Justin Smith also spoke to council on the topic saying,
"we are in unprecedented territory"
While he acknowledge the State Attorney General did give a reprieve to citizens by providing an alternative
direction for law enforcement officers he also explained it is dangerous to have the attorney general
reinterpreting a law differently than what is clearly written in the law. Sheriff Smith cautioned Loveland's City
Council that they already were caught in a 2nd Amendment violation case costing the city money.
Mayor Gutierrez Fingers A Loveland Resident As Would Be Mass Murderer
After saying he would get the last word, Mayor Gutierrez read from a police report detailing the cause for a search
warrant into a Loveland resident's home who neighbors say was shooting into a nearby field using his silencer on
an AR-15 rifle. According to Gutierrez, the confiscation of the accused guns and ammunition likely prevented
another mass murder but this time in Loveland. While the Mayor decided not to reveal the address or proper
name of the accused, his accusation may have legal ramifications for the city. Being accused of discharging a
firearm within city limits (criminal mischief) and planning a mass murder-suicide (first-degree murder) are two
completely types of crimes. No word on the individual's response to the Mayor's comment.
| Councilman Dave Clark (above) ignited a string of emotional responses after telling his colleagues he was concerned they only opposed HB 1224 when they discovered it impacted public organizations see video of his comment and their emotional reactions |
| Councilwoman Joan Shaffer explains her reasons for signing the letter to Governor Hickenlooper while defending gun control law intent see video |
| Mayor Pro Tem Daryle Klassen explains his position on Colorado's newly created gun control laws HB 1224 and HB 1229 see video |
| Councilman Hugh McKean, who proposed the letter to Governor Hickenlooper explains his views on Colorado's new gun control laws see video |
| A normally quiet Councilman Chauncey Taylor sounds off in loud voice over gun control issue see video |
| An angry and emotional Mayor Cecil Gutierrez explains his complicated position both for and against gun control in Colorado see video Mayor Gutierrez fip-flops claim of concern about legislation |
| Councilman Ralph Trenary explains his views on the letter to the governor and reasons for changing his mind during the meeting. see video |
| Councilman John Fogle who says he doesn't own a rifle supports the right of citizens to own the type, style and size firearm within reason they choose. He speaks to the motives of the State Legislature in passing the recent gun control laws in Colorado and promises to help create a groundswell of support for the city's position see video |
Council Unanimous In Opposition to Magazine Size Limits - But For Different Reasons |
| Loveland Police Chief Luke Hecker explains law enforcement problems implementing Colorado's new gun control laws see video |