WHEREAS, the Constitution of the United States is the supreme law of the land; and
WHEREAS, the Second Amendment to the Constitution of the United States states: "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms shall not be infringed"; and
WHEREAS, Article II, Section 13 of the Constitution of the State of Colorado also provides: “The right of no person to keep and bear arms in defense of his home, person and property…shall be called in question” notwithstanding regulations on concealed carry; and
WHEREAS, the United States Supreme Court in District of Columbia v. Heller (2008) affirmed that the Second Amendment protects an individual’s right to keep and bear arms for self-defense, and in McDonald v. Chicago (2010) held that this right is incorporated against the states through the Fourteenth Amendment; and
WHEREAS, the Board recognizes the anti-commandeering doctrine, as upheld in Printz v. United States (1997), which prohibits compelling local officials to enforce unconstitutional state or federal laws; and
WHEREAS, the Bent County Board of Commissioners has sworn an oath to support and defend the Constitution of the United States and the Constitution of the State of Colorado; and
WHEREAS, Colorado Senate Bill 003 (SB-003), signed into law on April 10, 2025, introduces significant restrictions on the manufacture, sale, and purchase of specified semiautomatic firearms, including:
- Prohibiting the manufacture, distribution, transfer, sale, or purchase of semiautomatic rifles, shotguns, and gas-operated handguns with detachable magazines, unless the purchaser obtains a "firearms safety course eligibility card" after completing a state-approved safety course;
- Requiring individuals to complete a background check and a firearms safety course to obtain the eligibility card, with the course focusing on gun safety, mental health considerations, and Colorado's red flag law;
- Granting sheriffs the authority to deny or revoke eligibility cards based on a "reasonable belief" that the applicant may pose a danger to themselves or others;
WHEREAS, the Bent County Board of Commissioners believes that SB-003 infringes upon the constitutionally protected rights of law-abiding citizens to keep and bear arms, imposes undue burdens on lawful firearm ownership, and constitutes an overreach of legislative authority; and
WHEREAS, the Board recognizes and affirms the rights of individual citizens to lawfully keep and bear arms, as guaranteed by the United States and Colorado Constitutions.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Bent County, Colorado, as follows:
- Declaration of Second Amendment Sanctuary
Bent County hereby declares itself to be a Second Amendment Sanctuary County. - Opposition to SB-003
The Bent County Board of Commissioners hereby expresses its opposition to the passage and enforcement of SB-003 or any similar legislation that would infringe upon the constitutionally protected rights of its citizens to keep and bear arms. - Non-Participation in Unconstitutional Measures
The Board affirms that any law—state or federal—that infringes upon rights guaranteed by the Constitution of the United States is null and void and holds no lawful authority, consistent with Marbury v. Madison (1803) and Norton v. Shelby County (1886). Accordingly, no county resources—whether financial, personnel, or facilities—will be used to enforce or comply with firearm restrictions imposed by SB-003 or similar legislation, unless such law has been upheld as constitutional by the Supreme Court of the United States, which this Board recognizes as the final authority on the Second Amendment. The Board further acknowledges the anti-commandeering doctrine affirmed in Printz v. United States (1997), which prohibits the federal or state governments from compelling local officials to administer or enforce federal or state laws, particularly those not affirmed as constitutional by the Supreme Court.
The Bent County Sheriff will not enforce provisions of SB-003, or similar legislation, that infringe upon the Second Amendment rights of citizens, to the extent permitted under the Constitution and applicable law.
- Support for Lawful Gun Ownership
The County supports and upholds the rights of law-abiding citizens to own, possess, and use firearms for lawful purposes, including but not limited to self-defense, hunting, and recreational shooting. - Distribution
A copy of this Resolution shall be sent to the Governor of Colorado, the Colorado General Assembly, and to all relevant state and federal agencies as evidence of the County's stance.
PASSED AND ADOPTED this 15th day of May, 2025, by the Board of County Commissioners of Bent County, Colorado.
BOARD OF COUNTY COMMISSIONERS
Bent County, Colorado
