Red flag law passes Colorado senate

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10ring

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Not surprisingly, the red flag or "ERPO" law passed in the state senate today. I guess the only surprise is that it only passed 18 to 17. I am pleased to see the opposing party held strong. The Governor will sign it as soon as he can, so it is a done deal.

I have already expressed my thoughts and concerns about this piece of, um, legislation, so there isn't really much else to say.
 
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It seems to me that the states that disregard the 2nd amendment the most are the ones that have allowed recreational marijuana AND the ones that are "thinking" about it. Thus the phrase "What have you guys been smoking!"
Mike
Mods....feel free to throw this post out if it does not adhere to the rules.
 
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Texas40 said:
Colorado is the new California.
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Well, here in Colofornia we are still better off than several states, but we sure seem headed that way, and we don't even get to have the beaches.

The thing is, though, be careful about thinking it is just a state thing. This is a national trend and some states will get picked off first but this is just a preview of what may be coming nationally.

We must al hang together or most assuredly....
 
mmande said:
It seems to me that the states that disregard the 2nd amendment the most are the ones that have allowed recreational marijuana and the ones that are "thinking" about it. Thus the phrase "What have you guys been smoking!"
Mike
Mods....feel free to throw this post out if it does not adhere to the rules.
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I don't think one caused the other, it is just reflective of changing demographics. The move from red to purple to blue has been pretty fast and gun rights is just one of the changes.
 
Texas40 said:
Colorado is the new California.


However the decline has begun

Sent from my iPhone using Tapatalk
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Colorado has been heading that direction for years .. I looked in to a 2nd home basically a cabin in the mountains in the late 70's and was appalled buy the number of people that were anti gun / anti hunting .. needless to say I didn't buy there ..

But the trouble with those in power is that gun owners as a whole don't vote !!!
 
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UPDATE - APRIL 14, 2019

Colorado passed HB19-1177, its version of a Red Flag Law.

Governor Jared Polis signed it into law on April 12, 2019.

The law becomes effective on January 1, 2020.

This makes Colorado the 15th state to enact such a law.

cpr25987.jpg
 
So sad to see the Bill of Rights in tatters. These laws are direct violations of the 1st, 2nd, 4th and 6th amendments.
 
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I read that bill, and I'm trying to see what everybody's problem is with it? I realize that for many, any gun law is a bad gun law. But as a parent, who actually read that bill, I can envision a scenario in which this law could save lives.

"family or household member or a law enforcement officer", "preponderance of the evidence", "Temporary and an immediate court hearing". What is so wrong with all of that?

I really hope that y'all are so lucky as to not ever have any mental illness with a family member to deal with. But I would also hope that you are open minded enough to realize, that in the real world, many, many people suffer bouts of extreme depression and lows. Not having access to a gun, during that time, may just save their or someone else's life.
 
One of the first Red Flag law to die happened because someone the man knew supposedly had a beef against him so he set the Red Flag law on him.
This law seems that it might be used as a back door to get around the people's 2nd rights. Didn't Hitler have people informing on people that had guns? People paid dearly for that.

Come and take your guns. I imagine that could get expensive real quick going to court trying to get your guns back. What if you have a stockpile of ammo or a lot of magazines or speed loaders? I doubt that will look good for your case.
 
gman51 said:
One of the first Red Flag law to die happened because someone the man knew supposedly had a beef against him so he set the Red Flag law on him.
This law seems that it might be used as a back door to get around the people's 2nd rights. Didn't Hitler have people informing on people that had guns? People paid dearly for that.

Come and take your guns. I imagine that could get expensive real quick going to court trying to get your guns back. What if you have a stockpile of ammo or a lot of magazines or speed loaders? I doubt that will look good for your case.
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And therein is a huge problem with red flag laws. Abuse of the system. Someone gets mad at a neighbor or relative, calls the police, files a red flag complaint, and then firearms, ammunition and magazines get confiscated. Yes, you get your day in court, eventually, and maybe you can have your seized property returned to you, eventually. I see this as another law with good intentions, but it does cross constitutional boundaries regarding confiscation without due process.
 
stansdds said:
And therein is a huge problem with red flag laws. Abuse of the system. Someone gets mad at a neighbor or relative, calls the police, files a red flag complaint, and then firearms, ammunition and magazines get confiscated. Yes, you get your day in court, eventually, and maybe you can have your seized property returned to you, eventually. I see this as another law with good intentions, but it does cross constitutional boundaries regarding confiscation without due process.
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I understand that concern, but did you read the bill?

"The bill creates the ability for a family or household member or a law enforcement officer to petition the court for a temporary extreme risk protection order (ERPO) beginning January 1, 2020. The petitioner must establish by a preponderance of the evidence that a person poses a significant risk to self or others by having a firearm in his or her custody or control or by possessing, purchasing, or receiving a firearm. The petitioner must submit an affidavit signed under oath and penalty of perjury that sets forth facts to support the issuance of a temporary ERPO and a reasonable basis for believing they exist. The court must hold a temporary ERPO hearing in person or by telephone on the day the petition is filed or on the court day immediately following the day the petition is filed."

Who in their right mind is going to "sign an affidavit under penalty of perjury" "showing a "PREPONDERANCE of evidence" simply because they are mad at someone and without having a good reason? And it clearly states "a family or household member or a law enforcement officer" so that would exclude the neighbor with a beef argument. A temporary hearing is immediately held within 24 hours with another hearing within two week. Is that not addressing "due process"? It's also temporary measure and not permanent.

It's not the guns, it's the people..... Well here is a bill designed to take the "people with mental health issues out of the gun violence equation. BTW Colorado is in the top ten in suicides in this country.

IDK Maybe I'm just weird, but I don't have problem with people with mental health issues, not having weapons at their disposal.
 
Like I said the first time, "They walk among us."

And just for the record Mr. Turq, I'm not talking about you. I'm talking about any and all who believe laws are written/interpreted/enforced in such manner as to find favor with all. There would be no lawyers were that the case.

Ralph Tremaine
 
Turq said:
I read that bill, and I'm trying to see what everybody's problem is with it? I realize that for many, any gun law is a bad gun law. But as a parent, who actually read that bill, I can envision a scenario in which this law could save lives.

"family or household member or a law enforcement officer", "preponderance of the evidence", "Temporary and an immediate court hearing". What is so wrong with all of that?

I really hope that y'all are so lucky as to not ever have any mental illness with a family member to deal with. But I would also hope that you are open minded enough to realize, that in the real world, many, many people suffer bouts of extreme depression and lows. Not having access to a gun, during that time, may just save their or someone else's life.
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Read the law. Look for the parts that address mental illness and "extreme risk." Then look for the parts that walk all over the due process rights of people who have committed no crimes. And then, if you still think this is a good law that is going to accomplish anything good, give me a call because I own this bridge in New York City that is really, really nice and you could make a lot of money if you owned it and charged a toll or something, and I am thinking of selling it. I could make you a good deal. I also have some beautiful oceanfront property in Utah I could let go cheap!

More seriously, I will tell you this. I spend most of my working day with cops and lawyers. Very few of of us think this law is going to accomplish anything positive or be used as intended for the most part and most think it violates people's rights and in a couple of years and after hundreds of thousands of dollars of tax money spent on litigation, it will be scrapped or completely re-written. I can also tell you that the legislature and the Governor spent less time getting input from mental health professionals and law enforcement on this thing than I did typing this post. It is all about the politics.
 
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