RESOLUTION TO REPEAL

                                                                                           THE USA PATRIOT ACT

                                                                                            AND OTHER ISSUES

                                                                                IN HUERFANO COUNTY COLORADO

                                                                         THIS HAS NOT YET BEEN IMPLEMENTED

                                                                                               Updated January 22, 2010

                                THE LAW
 

Click at THE LAW, above.  Very important.

Contact info regarding this document: go to main page of this site

For information about the events surrounding this resolution, go to this page.

For newspaper articles about the July 19, 2006 encounter with the County Commissioners,
and letters to the editor about that event, written by Bruce Kettler, and others, go here.

To obtain an appoinment, and appear in person before the County Commissioners,
call Denise at 719-738-2370  You should bring a copy of this resolution with
you.  Just print it out from this page.  Other suggestions about what you can
do during, and after, your encounter may be found on this page.

WHEREAS the Constitution of the United States is our charter of liberty and enshrines fundamental rights of Americans, including the right to keep and bear arms, the freedoms of religion, speech, assembly, privacy and petitioning the government for a redress of  grievances; AND

WHEREAS each of Colorado’s Huerfano County elected public servants has sworn to defend and uphold the United States Constitution and the Constitution of Colorado; AND

WHEREAS an infringement of the constitutionally guaranteed rights of any person, under the color of law, is an abuse of power, and a breach of the public trust, a misappropriation of public resources, and is beyond the scope of governmental authority; AND

WHEREAS Federal counter-terrorism policies adopted since September 11, 2001, including provisions in the USA PATRIOT Act (Public Law 107-56), The Homeland Security Act (Public Law 107-296), and related Executive Orders and Department of Justice regulations and actions, have unlawfully authorized the federal government to infringe upon fundamental liberties guaranteed by the United States and Colorado Constitutions; AND

WHEREAS many communities from across the country, 8 States including the State of Colorado, and 17 communities within Colorado, have implemented resolutions speaking out against government actions, demanding accountability from local and federal government regarding the above; AND

WHEREAS expansion of the Army's Pinon Canyon Maneuver Site (PCMS) in Huerfano County, Colorado is not warranted, and not desired by many in the county; AND

WHEREAS “hate crime” legislation in a number of, previously free, countries and certain areas of the U.S.A., have severely limited free speech and free exercise of religious freedom, and the U.S. Congress has attempted to enact similar legislation; AND

WHEREAS a disproportionate number of PEOPLE in these United States have been imprisoned, so that with 5 percent of the world’s population, there are more prisoners in this country than any other in the world.  This is one indication that the legal system has become corrupted, nationwide.  Many have not committed any crime, and have been framed for political reasons.  For petty offenses, others are serving as slaves to a corrupt prison industry; AND

WHEREAS a steadily increasing number of Citizens who are now in the majority throughout these United States have expressed concern that the supposed cause of the major events of 9-11-01, are, at the least, highly suspect.  The events of 9-11-01 have been cited as the reason for the enactment of the USA PATRIOT Act, so that the impetus for repeal of the USA PATRIOT Act has its strongest root  in the dubious nature of the conspiracy  theories perpetuated by mainstream media, which have been exposed by scientists, and others, as being without merit; AND

WHEREAS abuses of authority by United States Federal authorities have manifested in these United States, particularly in Louisiana during the disaster following Hurricane Katrina in 2005.  Abuse of authority included the unlawful confiscation of firearms from law abiding citizens by National Guard troops, the interference with county relief efforts; AND

WHEREAS Louisiana State authorities called in the National Guard and other outside agencies to unlawfully confiscate firearms from, and unnecessarily evict, law abiding citizens who were not directly affected by the flood waters, AND

WHEREAS secret meetings with pastors of churches in approximately 13000 [this number has been increased drastically] counties nationwide reveal a FEMA plan, that in the event of a natural disaster, or martial law, for pastors to tell their subjects they will be giving up their livestock, relocating, and giving up their firearms.  It’s been confirmed that many of these pastors are now preaching in the pulpits that their subjects are to obey their government, no matter what orders are given in the future.

WHEREAS throughtout the United States of America government authorities have been forcefully taking children from many partents who have not been criminally negligent or abusive of their children; AND

WHEREAS The Military Commissions Act of 2006 has been signed by the President of the United States.

WHEREAS natural disasters have recently occurred in these United States more often than usual, and over more diverse geographical areas; AND

WHEREAS a “National Animal Identification System” attempt of livestock control has been started in the U.S.; AND

WHEREAS attempts at unusual questioning the U.S. population, in the guise of a “census,” has begun; AND

WHEREAS many licensed gun store owners, throughout the United States, have been harassed by the Federal Government to such an extent that they have found it necessary to give up their businesses; AND

WHEREAS many other forms of tyranny have come upon THE PEOPLE of these United States, far more than mentioned above (but this document cannot contain nearly all of them) with a recent steady increase in the number and severity of incidents both directly related, and unrelated, to the USA PATRIOT Act; AND

WHEREAS, counties have the legal right to refuse interference in local affairs by federal or state authorities:

                           Posse Comitatus is a term that means “power of the county.”   The
                           law was passed in 1878 in response to some of the abuses committed
                           by federal troops.

                           County Sheriff Richard Mack won a supreme court ruling, making
                           his county exempt from federal law enforcement, in regard to firearms.

                           One example illustrating the exercise of county authority, is with the State of
                           Montana, bill HB 284.  It has not passed as of February 4, 2009.
                           When law, it will require a "federal employee who is not designated
                            by Montana law as a Montana peace officer...[to obtain] written
                            permission of the sheriff or designee...[to] "make an arrest, search,
                            or seisure in [Montana]."

                            Montana  is asserting that guns manufactured in Montana and sold
                            in Montana to people who intend to keep their weapons in Montana
                            are exempt from federal gun registration, background check and 
                            dealer-licensing rules because no state lines are crossed officially,
                            refused federal authority over firearm sales

All federal agents entering Bighorn County, Wyo. have been required
to check in with Sheriff Dave Mattis and state their intentions.  Mattis
said, "I issued a written policy - that if they have actions in Bighorn
County they must tell me what they are doing," This page, and links from it,
will show the legal authority, and responsibility, of your County Sheriff.

          AND

WHEREAS informed citizens have found it necessary to begin freeing themselves from federal government tyranny in the following ways:

               1. A significant number of Vermont Citizens want the State to return to its status as an
                   independent republic: a secession from the United States.  A significant
                   movement is underway in that endeavor.  That is not, however, the
                   object of this County Resolution.  It is, instead, a reaffirmation of the
                   Tenth Amendment of the Constitution of the United States, Though
                   that amendment refers to states, precident extends that authority
                   to counties.

               2.  Many people in New Hampshire want to be free of the Federal “Real ID” act.
                    HB1582 was passed by both the House and the Senate, but in two different
                    versions.  Other states have begun to take action to free their people of this
                    potential burden.

              3.  Oklahoma has passed a resolution affirming States' rights

                         "Joint House Resolution 1089, passed by an overwhelming 92-3 margin,
                          reasserts Oklahoma's sovereignty under the Tenth Amendment to the
                          U.S. Constitution, and, according to the resolution's own language, is
                          'serving notice to the federal government to cease and desist certain
                           mandates.'"

                          Since the above, the Oklahoma Senate completed the process.

4.  4 other states have completed the process of asserting their sovereignty,
      and on this page you will find links to written legislation.

5.  Many other states are in the process of asserting their sovereignty.
     Tenth Amendment Center has current data regarding that progress.

               THEREFORE BE IT RESOLVED by WE THE PEOPLE of Huerfano County that:

1. Huerfano County affirms its strong opposition to terrorism, but also affirms that any lawful actions
     against terrorism must not be accomplished at the expense of the fundamental civil liberties, rights,
     and freedoms of the people of Huerfano County.  Terrorist activity can be adequately confronted
     with existing local laws that are in harmony with the U.S. and Colorado Constitution, (**word for
     word, as it exists on the date this resolution is enacted) and with the man-woman power necessary
     when the Sheriff of Huerfano county enlists the aid of residents of the county in the manner
     described in resolution 7, below.

2. Huerfano County and its employees and instrumentalities shall continue to preserve THE PEOPLE's right to
    keep and bear arms, freedom of speech, religion, assembly, and privacy; the right to counsel (with no requirement
    that a defendant utilize counsel) and due process in criminal judicial proceedings. The judge, or other
    officials,  will not forbid the defendant, or other citizens, from informing the jury or anyone else of
    the **U.S. Constitution, and the fact that the defendant has the right, and jurors also have it, to
    argue the merit, validity, and applicability of the law, including sentencing laws.

     Judges will not, unreasonably, restrict defendant’s evidence.

    Citizens will be protected from unreasonable searches and seizures; without regard to race, ethnicity,
    national origin, religion, age, sexual orientation, gender, economic status, marital status, or disability; if
    such searches are carried out, seized items will not be accepted as evidence by the court.

3. To the extent possible, no Huerfano County, or city resources and personnel, including law enforcement funds
    and educational administrative resources, will be used for **unconstitutional activities in whatever manner,
    or under whatever circumstances they may be presented, including unlawful confiscation of firearms or
    forced vaccinations, whether mandated in conjunction with United States Martial Law, *other laws enacted
    after  the date of this resolution, or any U.S. Federal, state, U.N., or *foreign mandates.

THE PEOPLE have the right to appeal family court decisions, and the appeal will be carried forth in a speedy manner to avoid inconvenience of those who may have been wrongly treated by those authorities.  This appeal will be brought to the Huerfano County commissioners, and their ruling will be binding.

Officers who refuse unlawful orders from their superiors on constitutional grounds, if they suffer some retribution, will have their cases speedily reviewed by a civilian review board and if found to be acting in good faith for THE PEOPLE, they will be reinstated if fired, and any back pay will be reimbursed. Their records will show they were not guilty of any infractions.  Soon after this resolution is enacted, the commissioners will appont 3 volunteers for the board.

                       a.  No County or City authority shall initiate, participate in, assist, or cooperate with any
                            inquiry, investigation, surveillance, or detention; record, file, or share intelligence
                            information concerning any person or organization, including library lending and research
                            records, book and video store sales and rental records, medical records, financial records,
                            student records, internet mail and usage records, and other personal data, even if authorized
                            under the USA PATRIOT Act; or retain such intelligence information, unless the information
                            directly relates to an investigation of criminal activities and there are reasonable grounds to
                            suspect that the subject of the information is involved in criminal conduct, and that there is, prior
                             to the above described activity by the County or City, a lawfully obtained warrant.

                       b. No County or City authority shall

                            1. collect or maintain information about the political, religious, or social views, associations,
                                or activities of any individual, group, organization, or business entity,

                            2.  permit (to the degree that is feasible) federal, or other, agencies to engage in these
                                 “a” or “b” described activities which may affect Huerfano County Residents.
                                 Federally placed surveillance devices will be removed by local authorities,
                                 and no additional devices will be placed within the county.

4.  Huerfano County will permit free speech, and free exercise of religious freedom, to the extent that such exercise of freedom does not interfere with the rights of other citizens.  “Offensive,” non-threatening, speech will be, as it always has, only in the arena of civil law: one can sue another because of it.

5.  Huerfano County urges our State Representatives and Senators, and United States Representative and Senators to monitor the continuing implementation of the USA PATRIOT Act, the Homeland Security Act, and related subsequent legislation, executive orders, and Department of Justice regulations, and actively work for the repeal of those provisions that are found to unlawfully infringe on civil rights and liberties.

6.  Any new security measures of Huerfano County should be carefully designed and employed to enhance public safety without infringing on the civil liberties and rights of Huerfano County resident PEOPLE.

7.  No assistance, or interference in Huerfano County local affairs, by U.S. Federal, State, or other *outside authorities will be allowed by the Sheriff or his deputies because of natural disasters, other disasters, enactment of Martial Law by Federal, State or *other government, or for any other **unconstitutional purpose, with the following exceptions:

                              Food, water, and (not forced) medical assistance may be accepted from
                              businesses, individuals, and governments outside of the county.

                              Food and water will be tested by ingestion of a limited number of volunteers
                             before being distributed to the general populace, or they will be tested by
                              other means.

                              Fires, and other disasters, will be handled by existing man/woman power, with the aid
                              of volunteer residents of the county, along with assistance of other residents in
                              nearby counties, and federal/state assistance only if adequate volunteer man/woman power
                              is not available.

                              Federal, state or *other officials, firefighters, etc. accompanying will be unarmed and  limited
                              to the number of personnel necessary.  They will announce their intentions, and ask
                              for permission from the Sheriff’s office, with adequate advanced notice.  When a significant
                              number of PEOPLE in the county express their desire to not accept federal, state or
                              *other  assistance, then the Sheriff will refuse it.

During a food or water shortage because of a lack of product that normally arrives from outside of the county, resident PEOPLE of Huerfano County will voluntarily rescue each other from starvation or thirst (to the extent necessary and feasible).

The Sheriff will place, or permit, an adequate number of able resident PEOPLE to support the (first paragraph of this #7) endeavor when circumstances indicate such a necessity.  By participating in the promotion of this provision, residents pledge support of the Huerfano County Sheriff’s Department, that they will take all action necessary when individual residents are granted all necessary legal, and written, authority by the Sheriff’s office.  No financial, or equipment, compensation to THE PEOPLE will be necessary, but may be offered as incentive, according to the discretion, and availability, of the Sheriff's office.

Considering the legal power of the local sheriff, and recent widespread injustice, all solicitations by federal, state or *other authorities will be thoroughly investigated by local authorities before the Sheriff will allow any outside authority to be exercised over individual county residents.  The constitutional rights of residents will be paramount.  If offenses were committed within the county, they will be prosecuted within the county by local authorities, unless a substantial case exists for charges of treason, counterfeiting, or crimes on the high seas.

The person, or persons, solicited by outside authorities may be briefly apprehended, and questioned, by local authorities so they may have an opportunity to present their defense, including documentation, to authorities within Huerfano County.

8.    No federal, state or *other mandate to require any form of identification to buy food, water, clothing, or other necessary items with agreed upon quantities of federal reserve notes, U.S. minted coins, gold, silver, legal bartering, (not including checks), will be recognized as valid within the County of Huerfano.

No federal, state, or *other restrictions will be recognized for bank transactions, check cashing, post office transactions, library transactions, or anything similar, that require any special form of identification other than the normal Colorado State Driver’s license, or other normal State issued identification.  If unreasonable state or federal requirements to obtain, retain, or renew identification are employed, such as shared extensive databases, or tissue samples, blood samples, urine samples, radio frequency ID chips in cards, or chip implants in the human body, etc. then other normal means of identification will be supplied by Huerfano County officials to transact business as described in this paragraph, or to drive a vehicle.

9.  County and city law enforcement personnel will not, nor will they permit outside authorities to take children from parents, except when careful investigation by the Sheriff's department indicates sufficient evidence of criminal neglect or abuse.  Children will be humanely cared for within the county, and promptly released to the parents if proper judicial process indicates the parents are not guilty of the alleged crimes.  Amendment VI of the U.S. Constitution shall apply, with the right "to a speedy and public trial..." etc.  Criminal abuse or neglect are acts which cause jeapordy such as starvation, sexual assault, or dangerous injury inflicted as punishment.  Federal or State law which is excessively restrictive will not apply in this county.

 10.    No state, federal or *other mandate to identify by chip, or restrict the movement of, animals, restrict farming or any food
production or distribution, meter well or spring water, or regulate water, will be recognized in this county.

11. All gun stores within the county may have the opportunity, at their own discretion, to be under the jurisdiction of, and under the regulation of, the Huerfano County Government exclusively.  No Federal or State Government authorities will inspect their operation if they choose to remain under local juristiction, and the Federal authorities will then no longer have any authority over them.

12.  Issues of land acquisition by U.S. federal authorities will be according to the Constitution of the United States, and the Constitution of the State of Colorado.  Non federal public servants, under the governing body - THE PEOPLE - will decide what is legal, and justified.

13. Extra questions on forms, in the guise of a so-called “census,“ other than numbers of persons, will not be required in the county.

14. Warrants issued by U.S. Federal Authorities, in compliance of THE MILITARY COMMISSIONS ACT of 2006, will not be enforced by police in Huerfano County, or by the Sheriff's department, and the Sheriff, or any other official, will not permit federal authorities to enter the county to enforce this unconstitutional act.

15.  Copies of this resolution, after it is implemented, shall be sent to the President of the United States; the Attorney General of the United States; the Secretary of the Department of Homeland Security; the Governor of Colorado, and to each member of the Colorado delegation in Congress.

The 15 provisions of this resolution will take effect immediately upon passage, and they shall be inseparable.  The word “PEOPLE" as used in this resolution is a reference to those legally entitled to vote in elections, according to the law in effect on the date this resolution is enacted, and "resident' refers to those who have legally been residents of the County of Huerfano, signified by legal (by standards in place at the time this resolution is enacted) voter registration.  The word *"foreign,” and other similar references, for this document can apply to a possible future U.N., "North American Union" or "American Union" so-called “authority.”

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By Bruce Kettler    E-Mail and other contact information --- Updated January 22, 2010