Herpin became the first Colorado citizen Monday to file written arguments with the Colorado Supreme Court opposing a proposed state ballot initiative that would require background checks on all firearms transactions at gun shows.

Herpin is backed by the Pikes Peak Firearms Coalition, for which he is the program director. But he does not come across as a rabid "take my gun when you pry my cold dead fingers from it" pro-gun extremist often portrayed in the media.

The 56-year-old Herpin is a contract administrator for a small defense contracting firm and military veteran. He didn't become a gun rights activist until the early 1990s when federal lawmakers began debating the first incarnation of the Brady Bill, which required background checks and a waiting period before a firearm could be purchased.

Joseph John Kotlowski/The Gazette Bernie Herpin shows off a Theodore Roosevelt limited edition pistol he won at a Friends of the NRA raffle a few years ago.

He volunteered to petition the high court because state law requires challenges to the initiative process be brought by individual citizens not organizations.

"I think the initiative is misguided, so I don't think we should be voting on it in November," Herpin said. "But if we are going to vote on it, then I want it to clearly express what they're trying to do."

The proposed initiative would expand background checks at gun shows by requiring that no private sale or transfer happen without a check. Federally licensed gun dealers are already required to do background checks whether they sell at a gun show or their business.

The proposal was brought by the Sane Alternatives to the Firearms Epidemic, or SAFE, which formed in the wake of the Columbine High School shootings. That organization failed to convince state lawmakers to pass similar legislation, so they vowed to take their question directly to the people with the help of Republican Gov. Bill Owens.

For SAFE members, challenges like Herpin's are serious business. The group has already collected about 8,000 signatures and has hundreds more petitions circulating. If they lose any of the challenges against them with the court, they'll likely have to change the initiative and start the signature process over again.

"This effort does not appear to be aimed at improving the clarity of the language or improving the initiative," said Mark Grueskin, attorney for SAFE. "This is all about trying to make sure that this matter does not go to a vote in November."

Herpin said he supports background checks as long as they are done quickly and records cataloguing who bought which firearms are not kept by state or federal officials conducting the checks.

"I served in the military for 20 years," Herpin said. "I'm not anti-government. I don't belong to a militia.

"To me, it's an issue of personal freedom. As long as I'm a law-abiding citizen, the government should not be telling me what I can and can't own in regards to firearms."

Herpin is not alone in trying to keep the initiative off the ballot.

Two more sets of written arguments from private citizens backed by the National Rifle Association and the Rocky Mountain Gun Owners Association are due today.

A final challenge from an individual backed by the Colorado Shooting Association is due May 31.