SB13-013: Federal Agents Can Double as Local Cops in Colorado?

Feds get more power as state's governor signs progressive gun control legislation.

csmonitor.com

(SACRAMENTO, CA) - A new bill gives a special agent, uniform division officer, physical security technician, physical security specialist, or special officer of the United States secret service limited peace officer authority while working in Colorado.

The tension surrounding the notion of regulating firearms is leading to new, unexpected federal involvement in local authority. Desperation is showing on all fronts in this fight. Large numbers of gun owners refuse to accept the idea of any type of gun regulation, and anti-gun proponents are willing to showcase national tragedy in an attempt to change firearm laws.

The state's decriminalization of marijuana has certainly left a black eye, but the shooting at the Aurora Theater, which many contend is a story officials have not fully divulged (see sidebar), places the mile high state on a slippery slope for gun owners.

Late last week, newly released court documents outlined of details of the deadly 14 Dec shooting.

In response, Sen. Richard Blumenthal, D-Conn., says 154 rounds were:

"fired in five minutes or less, because that shooter literally had a war arsenal in his home, more than 1,000 bullets…the lesson here is this very disturbed person had easy access to an arsenal of arms, ammunition, and weapons of war, and that has to stop."

Aurora Shooting Inconsistencies If you pay attention to the dispatch traffic from that fateful night, you learn that police were aware of a number of shooters involved in the act, and observed leaving the building. An article by Christian Petersen and Thomas Brinkley for Salem-News.com, contains transcriptions from the actual radio traffic. This may or may not tie to the new developments, but there is a widely circulated theory in this nation that Aurora and Sandy Hook are both events intentionally carried out to raise paranoia and allow the passage of anti-gun legislation. (see: Independent Investigation Reveals Additional Suspects in Aurora Mass Shooting Case)

Colorado Governor John Hickenlooper did sign a bill just days ago, that regulates firearm purchases, by placing a limit of 15 bullets per clip of ammunition and requiring universal background checks for gun sales. Also, the cost for this bill will be absorbed by lawful gun purchasers. Read the full text of the bill here.

The new bill offering wider authority to federal agents in Colorado, allows agents to respond to:

"emergency situation in which he or she has probably cause to believe that a nonfederal felony or misdemeanor involving injury or threat of injury to a person or property has been, or is being committed and immediate action is required to prevent escape, serious bodily injury or destruction of property"

In other words, feds will be able to essentially involve themselves in any level or type of crime they determine is necessary. Regardless of whether they are city, county, state or federal police, law enforcement employs broad interpretation when carrying out their work.

Here is the exact wording of SB13-013:

(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at (http://www.leg.state.co.us/billsummaries.)

The bill gives a special agent, uniform division officer, physical security technician, physical security specialist, or special officer of the United States secret service limited peace officer authority while working in Colorado.

1    Be it enacted by the General Assembly of the State of Colorado:

2    SECTION 1. In Colorado Revised Statutes, add 16-2.5-150 as

3    follows:

4    16-2.5-150. Federal secret service agents. (1) A SPECIAL AGENT,

5    UNIFORM DIVISION OFFICER, PHYSICAL SECURITY TECHNICIAN, PHYSICAL

6    SECURITY SPECIALIST, OR SPECIAL OFFICER OF THE UNITED STATES SECRET

7    SERVICE, REFERRED TO IN THIS SECTION AS A "SECRET SERVICE AGENT", IN

8    ANY JURISDICTION WITHIN THE STATE OF COLORADO, IS A PEACE OFFICER

9    WHOSE AUTHORITY IS LIMITED AS PROVIDED IN THIS SECTION. THE SECRET

10    SERVICE AGENT IS A PEACE OFFICER IN THE FOLLOWING CIRCUMSTANCES:

11           (a) (I) RESPONDING TO A NONFEDERAL FELONY OR MISDEMEANOR

12    THAT HAS BEEN COMMITTED IN HIS OR HER PRESENCE;

13           (II) RESPONDING TO AN EMERGENCY SITUATION IN WHICH HE OR

14    SHE HAS PROBABLE CAUSE TO BELIEVE THAT A NONFEDERAL FELONY OR

15    MISDEMEANOR INVOLVING INJURY OR THREAT OF INJURY TO A PERSON OR

16    PROPERTY HAS BEEN, OR IS BEING, COMMITTED AND IMMEDIATE ACTION IS

17    REQUIRED TO PREVENT ESCAPE, SERIOUS BODILY INJURY, OR DESTRUCTION

18    OF PROPERTY;

19           (III) RENDERING ASSISTANCE AT THE REQUEST OF A COLORADO

20    PEACE OFFICER; OR

21           (IV) EFFECTING AN ARREST OR PROVIDING ASSISTANCE AS PART OF

22    A BONA FIDE TASK FORCE OR JOINT INVESTIGATION WITH COLORADO

23    PEACE OFFICERS; AND

24          (b) THE SECRET SERVICE AGENT ACTS IN ACCORDANCE WITH THE

25    RULES AND REGULATIONS OF HIS OR HER EMPLOYING AGENCY.

26           (2) A SECRET SERVICE AGENT IS A PERSON WHO IS EMPLOYED BY

1    THE UNITED STATES GOVERNMENT, ASSIGNED TO THE UNITED STATES

2    SECRET SERVICE, EMPOWERED TO EFFECT AN ARREST WITH OR WITHOUT

3    A WARRANT FOR VIOLATIONS OF THE UNITED STATES CODE, AND

4    AUTHORIZED TO CARRY A FIREARM AND USE DEADLY FORCE IN THE

5    PERFORMANCE OF HIS OR HER DUTIES AS A FEDERAL LAW ENFORCEMENT

6    OFFICER.

7           (3) UPON EFFECTING AN ARREST UNDER THE AUTHORITY OF THIS

8    SECTION,b A SECRET SERVICE AGENT SHALL IMMEDIATELY SURRENDER

9    CUSTODY OF THE ARRESTED INDIVIDUAL TO A COLORADO PEACE OFFICER.

10           (4) THIS SECTION DOES NOT IMPOSE LIABILITY ON OR REQUIRE

11    INDEMNIFICATION OR CREATE A WAIVER OF SOVEREIGN IMMUNITY BY THE

12    STATE OF COLORADO FOR ANY ACTION PERFORMED UNDER THIS SECTION

13    BY A SECRET SERVICE AGENT

14           (5) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO EXPAND

15    THE AUTHORITY OF FEDERAL LAW ENFORCEMENT OFFICERS TO INITIATE OR

16    CONDUCT AN INDEPENDENT INVESTIGATION INTO VIOLATIONS OF

17    COLORADO LAW

18           SECTION 2. Safety clause. The general assembly hereby finds,

19    determines, and declares that this act is necessary for the immediate

20    preservation of the public peace, health, and safety.

                                                                                          SB13-013

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