Dave Hernandez 
Member since May 10, 2013


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Re: “Gov. Polis signs "red-flag bill" into law

""A strong majority of gun owners, non gun owners, Republicans, Independents, and Democrats agree: Extreme Risk Protection Order Laws save lives and are consistent with our 2nd amendment rights,""

Um, no. A strong majority agree with the CONCEPT of such laws. They do not agree that the laws that are being enacted save lives or are consistent with the 2nd Amendment. The Red Flag Act that was just signed has numerous serious flaws, not the least of which is that it ignores the actual problem -- the mental health of the person.

Add in that the level of proof to remove the firearms is quite low, whereas to get them back it is higher, therefore making the burden of proof greater on the accused.

Add in that the cost involved to defend yourself from such accusations can be prohibitive even with a court assigned attorney. If you want to hire your own, you are probably looking at around $6,000 to 8,000 right out of the gate and when you throw in mental health evals, pre-trial investigation, missed work, etc. you are looking at around $10,000.

Add in that the only options to removing the firearms are to either give them to police (who are not equipped for such storage) or transfer them to an FFL (meaning the FFL can now sell them), whereas in the old days you could entrust them to a good friend or responsible family member.

Add in that by removing the firearms, if the person truly has a mental health problem, this act will almost assuredly aggrevate and exacerbate it, possibly triggering a violent attack.

Add in that we have long had laws which already allowed for a person to be declared a danger to themselves or others and to have their ability to possess or purchase firearms denied via a restraining or protection order (commonly issued during divorces), it was just that people never took the steps to do so when there was an actual mental health issue present.

This law, while well intentioned, is a very bad law.

4 likes, 1 dislike
Posted by Dave Hernandez on 04/15/2019 at 5:04 PM

Re: “Red light cameras start operating in Colorado Springs on April 9

Jasmine, like many other barroom lawyers, fails to understand the different between a witness and evidence. The camera is not a witness, the picture is evidence. A police officer reviews the evidence to determine if a ticket should be issued or not. You can confront the reviewing officer and you get to see the evidence. Using Jasmine's argument, security cameras would be useless.

If you try to challenge such a ticket using Jasmine's argument, you will lose quite quickly.

2 likes, 1 dislike
Posted by Dave Hernandez on 04/11/2019 at 12:18 PM

Re: “Red light cameras start operating in Colorado Springs on April 9

I look forward to the day XXYY tries to fight one of these tickets in court. I hope they don't mind if I bring in some popcorn to watch XXYY get spanked!

3 likes, 3 dislikes
Posted by Dave Hernandez on 04/09/2019 at 11:30 AM

Re: “Red light cameras start operating in Colorado Springs on April 9

"JCW - That is the malicious part of the for-profit red light camera rackets: 1) The yellow intervals are deliberately set improperly WITHOUT either enough time or ANY extra margin - it is a necessary part of the for-profit camera business plans. "

This is largely a myth and fear mongering.

"2) Longer yellows permanently reduce the violation rates and drivers do NOT get used to the extra time. "

Also incorrect. Most drivers take the same routes every day and they do get used to how long the phases are and what types of phases are in place at each intersection.

The most simple fix is not what JCW suggests, but rather for people to just obey the law. It really isn't that hard to do.

1 like, 1 dislike
Posted by Dave Hernandez on 04/09/2019 at 11:29 AM

Re: “Red light cameras start operating in Colorado Springs on April 9

It is really simple, folks. If you don't want a ticket, don't run a red light. Running red lights is almost a city wide pastime around here and it needs to stop. Let's quit blaming the traffic engineers or the light timing and start blaming the actual culprit -- the drivers. Pay attention to what you are doing and the likelyhood of you running a red light is virtually nil.

Yellow intervals are set based on technical details such as the speeds involved, the width of the intersection, reaction times, etc., and include a pretty healthy extra margin. So there is more than enough time for people to come to a stop without adding another second to the yellows. Plus, drivers get used to the extra time for the yellow and in the end to doesn't really help.

On top of that, the cross or opposing traffic does not get a green light immediately after the other driver's lights turn red. There is something called a "clearance interval" during which all lanes are faced with a red light. Yet people still get into crashes because they ran the red light. These crashes are not caused by someone who was just one second late, they are caused by people who are several seconds late. This means increasing the yellow time by a second doesn't really reduce these.

12 likes, 0 dislikes
Posted by Dave Hernandez on 04/07/2019 at 1:51 PM

Re: “Moving to Colorado? Here's what you should know

"some areas such as Colorado Springs reach a high elevation of 6,000 feet. This leads to wild temperature swings and even the occasional burst of hail. "

Um... hello, Colorado Springs reaches a high elevation well beyond 6000 ft. And the elevation of Colorado Springs has very little to do with the wild temperature swings as much of the Springs is in a low area. The cause of the swings are the proximity to the mountains on the west and the Palmer Divide to the north.

"Colorado Springs has officially received a cost of living score of 112.9, almost 13 points higher than the average cost of living at about 100. The housing market has led to this surge in living costs as the median home price has grown to more than $272,000."

And this is driven primarily by people moving here from out of state. It wasn't that long ago that we were right around the national average.

"Colorado loves Tex-Mex, so much so, that most people eat it multiple times per week. "

Huh? You must not get out much.

3 likes, 0 dislikes
Posted by Dave Hernandez on 04/07/2019 at 1:38 PM

Re: “Support the red flag bill

There are already laws on the books that should have been used to stop folks like Harpham and Holmes, but there were not used. We don't need another law, we need to use the ones we have.

The Red Flag bill is not a good law and has many problems that people tried to fix in the Senate, but the Bloomberg backed legislators refused to accept the changes needed to turn this from a bad law into a somewhat acceptable one.

12 likes, 1 dislike
Posted by Dave Hernandez on 03/29/2019 at 4:10 PM

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