HB19-1177 Red Flag Emergency Risk Protection Order is here

Quote:

---

Originally Posted by avandelay

I doubt that the Dems will lose a moment of sleep from putting innocent firearm owners into a catch-22 between state and federal law. They'll pass the bill, sign it into law and promptly start defending in court with any attempt at an injunction denied. Spend years in the court system to have the suits thrown out much like the magazine ban suits.

---

Yeah, to them, that's a feature not a bug. Part of every gun control law passed is the intent to make gun ownership onerous enough to reduce lawful gun ownership.

I'm not a fan of this.

Quote:

---

Originally Posted by DavieD55

I think you're looking at it as if they are honestly seeking real solutions as most honest well meaning people do. If they were to act on real solutions then they would start running out of fuel to feed their gun control agenda and propaganda campaigns against the American public.

They are selling it off as safety and security, but in reality it will be ripe with abuse and used as a tool to harras law abiding citizens at the whims of people who were never intended to have that ammount of authority. It is dangerously unconstitutional.

---

That's why I said "if" they were serious. They clearly aren't. They are leaving the dangerous person in society to have his way with whomever after LE identifies him as a problem.

Taken at face value, this isn't a solution.

Quote:

---

Originally Posted by avandelay

I doubt that the Dems will lose a moment of sleep from putting innocent firearm owners into a catch-22 between state and federal law. They'll pass the bill, sign it into law and promptly start defending in court with any attempt at an injunction denied. Spend years in the court system to have the suits thrown out much like the magazine ban suits.

---

Unlike the mag bans that exist in the gray areas, this is an absolute prohibition on RTKBA. It goes directly against Heller that recognized DC's patchwork of gun laws were unconstitutional. It's unconceivable when applied to any other right and the only override to that is public interest ("the Constitution doesn't matter because this is good policy").

I like my county and Sheriff. Weld County may become a second amendment sanctuary county

Quote:

---

Originally Posted by avandelay

I like my county and Sheriff. Weld County may become a second amendment sanctuary county

---

Montezuma and Teller counties are proposing similar resolutions.

Quote:

---

Originally Posted by DavieD55

I think you're looking at it as if they are honestly seeking real solutions as most honest well meaning people do...

---

If they were honest about real solutions they'd have no problem with using real due process and they'd have no problem with stiff penalties for false flagging.

The fact that Dems in DC just voted down a proposal to inform ICE when illegals tried to buy guns from an FFL proves that they don't really care about disarming criminals, only vexing the law abiding citizen.

This is right out of the communist playbook. Some of the worlds most notorious mass murderers implemented similar decrees before they killed millions of people. Just give it a few more years and we'll look back and see a long list of people who we're needlessly murdered by the order of communists, cultural marxists and useful idiots in "our" government with this unconstitutional illegal decree.

Quote:

---

Originally Posted by Kevin Van Winkle

Summary of Red Flag by CO state representative Kevin Van Winkle:
A few House Democrats joined all House Republicans yesterday from 9am to about 10:30pm trying to stop or amend the dangerous 'Red Flag' gun confiscation bill.
Why?
First, understand how Red Flag gun confiscations will work under this bill:

1. A long list of people such as family members, ex?s, former roommates, etc. - or law enforcement acting on its own - can petition a court to issue a red flag warrant.

2. A hearing -- kept secret from the accused (6th Amendment rights!) is held and a judge must decide based on a ?preponderance of evidence? (50%+1) to issue a gun confiscation order. This is almost a certainty because only one side is even aware of the hearing and able to present evidence.

**I ran an amendment to this section, which received bipartisan support, to prevent the evidence from being all 'hearsay' (2nd hand accounts), but it failed.

3. At this point, law enforcement and the accused (or anyone with them like kids, pets, etc.) are forced into a VERY dangerous situation. Sheriff deputies or police officers must assume you are unstable/armed and they have been ordered by a court to enter your home to search it (4th Amendment!). Keep in mind that you: 1. have no idea you've even been accused of anything; 2. don?t know police are coming to search your home; and 3. may not even own a firearm.

-- we ran an amendment to prohibit dangerous 'no-knock' raids, but it was rejected.

4. Hoping all went well with the search of your home (unlike other states, where that step has resulted in deaths), police take your firearms, revoke any conceal carry permit, and then leave you alone -- no effort to provide or offer mental healthcare is made. After all, this bill has absolutely nothing to do with mental healthcare.

5. Two weeks later, you finally get the chance to defend yourself and face your accuser - but at this point you have already essentially been found guilty and the burden of proof is on YOU to prove beyond a reasonable doubt - a much higher legal standard than the secretive first hearing - that you are sane enough to have your 2nd Amendment rights restored. Not sure how a person proves beyond reasonable doubt that they?re not depressed and 100% sane, but good luck.

6. Once this hearing concludes, your next chance to prove your sanity will be in 364 days.
Keep in mind, this bill does not address any underlying mental health issues. If a person poses a significant danger to themselves or others, it?s naive and dangerous to surprise them with a SWAT team at that moment in order to remove firearms - while completely ignoring the fact that a person might need to seek help, counseling, or other assistance.

Counties are already approving resolutions declaring themselves ?Second Amendment Sanctuary? counties and refusing to comply with this bill. Sheriff after Sheriff continues to come forward with objections.
The final vote in the House will be Monday, and then the Senate will take up the matter.

If you care strongly about this bill, innocent until proven guilty, or the rule of law, please let your voice be heard. Contact your Representative or Senator today.?

---

Where did you find that ^^?

For those interested Rally for our Rights is live streaming the Weld county commission discussing the ERPO on Facebookhttps://www.facebook.com/rallyforour...8504521626950/

ETA - Weld county is now a 2nd amendment sanctuary county. More of a message than anything because ERPOs would be carried out by the town police and the likes of Erie would gladly execute the ERPO given that we're mostly ex Boulder and ex Cali residents.

ETA2 - The vote was to mane Weld County a 'constitutional rights sanctuary' and was unanimous. They expect more counties to follow suit.

This is truly insane.