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Colorado Passes Red Flag Gun Law

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Colorado Passes Red Flag Gun Law

Colorado Passes Red Flag Gun Law
April 09
19:50 2019

On Monday, March 4, 2019, the Colorado House passed a controversial new bill that allows law enforcement agents to confiscate guns without due process. House Bill 19-1177 is being called “red flag” legislation, a sign of warning.

On Thursday, March 28, the Colorado State Senate voted their approval in a narrow 18-17 margin. Notably, no Republican supported the anti-2nd Amendment bill.

All that stands between HB 1177 and Colorado law is a signature, already pledged, from Governor Jared Polis.

Sponsored by Majority Leader Alec Garnett (D-Denver), Representative Tom Sullivan (D-Centennial), Senators Lois Court (D-Denver), and Brittany Pettersen (D-Jefferson), the new law permits the seizure of firearms from individuals without due process under the law.

Due process is hard to define but it is notable for being the only command stated twice in the United States Constitution – the Law of the Land:

“The Fifth Amendment says to the federal government that no one shall be ‘deprived of life, liberty or property without due process of law.’ The Fourteenth Amendment, ratified in 1868, uses the same eleven words, called the Due Process Clause, to describe a legal obligation of all states. These words have as their central promise an assurance that all levels of American government must operate within the law (‘legality’) and provide fair procedures.”

Predictably, the NRA (National Rifle Association) stands opposed to HR 1177 which calls for a petitioning complaint process that is rife with the potential for abuse:

“The petition can be originated by a broad class of individuals, to include roommates and anyone you’ve had an “intimate relationship” with. Unchallenged statements made by a petitioner before a judge, alleging that someone is a danger to themselves or others in an ex parte proceeding – prior to any formal court hearing at which the respondent can be represented by counsel and present counter evidence – would be sufficient for law enforcement to enter that person’s home and confiscate their private property.”

KSJD 91.1 FM confirmed this fact adding more details:

“House Bill 1177 would allow law enforcement or family members to claim someone a threat to themselves or others and get a court order to have that person’s firearms seized for up to 364 days.”

The Colorado Sun provided even more information about how this new anti-gun policy is supposed to work:

“A family member or law enforcement officer would petition a court to request the ability to immediately seize a person’s guns. If a judge signs the order, the weapons can be taken away and the court must hold a hearing within 14 days to determine whether to extend the seizure and bar the person from purchasing more firearms. The longest a judge could order the seizure of firearms is 364 days. The entire process is a civil, not criminal, proceeding.”

A judge must rule that there is a “preponderance of the evidence” that demonstrates the possibility that someone could do personal harm or injure others. This is all conjecture, mind you.

Colorado sheriffs are weighing in against the State anti-gun legislation, as well as local versions of it. In late February, the Montezuma County Commission passed a resolution which designated their county as a “gun sanctuary” – a safe haven for the constitutional right to keep and bear arms. The Montezuma County Sheriff, however, refused to sign the protest document.

Questions of legal precedence abound with anti-gun laws such as this, which seems to violate the Constitution’s 2nd Amendment. When U.S. states pass laws that contradict federal statutes, the fed generally wins. Counties that support the fed but oppose state law may be justified in so doing.

Fremont County in south-central Colorado is another area that enacted a “gun sanctuary” law similar to that in Montezuma County.

Colorado’s Weld County Sheriff Steve Reams said:

“If you pass an unconstitutional law, our oaths as commissioners or myself as the sheriff — we’re going to follow our constitutional oath first.”

Democrats have been pushing sweeping new and renewed anti-gun legislation since the Marjory Stoneman Douglas High School shooting in Parkland, Florida.

Proponents pushing for gun restrictions claim they simply want to disarm the mentally unstable elements in our society. Opponents say it’s unfair – and illegal – to forfeit everyone else’s rights for that reason.

Democrat Phil Weiser, Colorado’s attorney general, is dead serious about depriving his constituents of their federal rights, and will oust any law enforcement official who bucks the new system:

“If a sheriff cannot follow the law, the sheriff cannot do his or her job. The right thing to do for a sheriff who says, ‘I can’t follow the law’ is to resign.”

Certainly, that is one thing a sheriff could do. Or people who feel strongly about our 2nd Amendment rights could work to change the new, short-sighted law.

“It’s time we quit trying to put lipstick on a pig and start funding our mental health facilities, instead of trying to take the rights from our people,” commented another unnamed sheriff.

For his part, Governor Polis has modified his original stance. He now says that police can use discretion about whether or not to honor the new law:

“Every law enforcement agency has limited resources, and they do have to prioritize what they choose to enforce or not enforce.”

Polis had promised Colorado residents he would pursue a red flag anti-gun law to prevent gun violence and reduce suicides in the state while campaigning for office before the November 2018 election. “We’re focused on making a red flag law that will work for Colorado,” he said, adding that he had received firsthand reports from parents of troubled youth “having a mental health breakdown or crisis” who feared the children might harm themselves.

In all, 13 states have adopted or are adopting “red flag” laws: Washington, Oregon, California, Illinois, Indiana, Florida, New York, Vermont, Rhode Island, New Jersey, Deleware, Maryland, and Washington, D.C.

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7 Comments

  1. Omg
    Omg April 10, 19:31

    Have you lost anyone to fun violence? That could have been avoided using a little common sense? Guns don’t kill, people do? Where’d they get the bullets?

    Reply to this comment
  2. Kirk the Kalm
    Kirk the Kalm April 10, 20:02

    Who cares about the Constitution anyway? Certainly not Colorado Democrats. Why don dismiss our founding documents and just all become anarchists and make our own laws as we go along? That way, each individual can decide if theft, rape and other actions currently classified as crimes are OK. We could save billions by not having law enforcement…and, no courts needed.

    Reply to this comment
  3. Kootz
    Kootz April 10, 22:31

    I repeat “If a conservative doesn’t like something, they just don’t do it. If a liberal doesn’t like something, they force everyone else to not do it.”

    Reply to this comment
  4. WilZ
    WilZ April 11, 09:19

    Every news about the restriction of the outrageous (mis)use of guns in the U.S. is good news. It will hopefully contribute to the reduction of the tens of thousands of Americans killed every year (which is more than the killings in all other OPEC countries combined).

    Reply to this comment
  5. papa_r0n
    papa_r0n April 12, 17:13

    Notice the states with similar gun laws are ALL Democrat Controlled Liberal States,with HIGH Crime Rates !
    Question should be, why are their crime rates SO HIGH. Maybe their politics ?

    Reply to this comment
  6. nick
    nick April 14, 02:15

    its very simple, Democrats and the public want less guns and the dimwit Republicans support more. Use your brain instead of the 2nd Amendment

    Reply to this comment

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