HB19-1177 Red Flag Emergency Risk Protection Order is here

[avandelay]

Filed Feb 14 with a hearing on Feb 21.

Rally For Our Rights is asking people to be there -
Thursday, February 21st
1:30pm (please arrive early)
Colorado State Capitol
House Judiciary Committee RM HCR 0112
Denver, CO

Here is their take on the bill - http://www.rallyforourrights.com/col...han-you-think/

Given the makeup of the house/senate I'm not holding my breath that any logic or actual respect for due process will prevail.

[Bailey Guns]

Done deal. Might as well just cut out the middle man and send it to Gov Polis.

[Aardvark]

I wonder how many of those traitorous politicians have firearms...

[avandelay]

They don't care. They made this a civil matter so you have no right to face your accuser. This law has the potential to take swatting to an entirely new level and there is no downside to the petitioner making false claims. We all know there is no court in the state that will not issue the order even with the weakest of evidence.

[Skip]

They don't care. They made this a civil matter so you have no right to face your accuser. This law has the potential to take swatting to an entirely new level and there is no downside to the petitioner making false claims. We all know there is no court in the state that will not issue the order even with the weakest of evidence.

Unless the bill provides civil immunity there are substantial downsides to making a false claim. I'm not saying that will stand in the way of violating rights.

I have no doubt we'll see some interesting abuses and court cases come out of this. And maybe not in CO but any of the other red flag states.

Douglas County Sheriff Tony Spurlock, a Republican, spoke in favor of this. What The literal Fuck?

Do you suppose if I voiced my opposition to this, he'd revoke my CCW and come take my guns for being a "crackpot"?

Doesn't surprise me. He's one of the ones who said they didn't have the tools to deal with the last nutter. Well, they've had the tools, his family had the tools, and no one did anything.

In an odd way, they've moved this from standard that eliminated LE's liability with due process (involuntary confinement) from one that will put them front and center. And when the first nutter has his guns taken and uses a different method of murder the optics will be bad. Why didn't you protect us? You knew he was crazy!

[eddiememphis]

Dave Kopel breaks down the many, many problems.

https://pagetwo.completecolorado.com...on-order-bill/

[DDT951]

Dave Kopel breaks down the many, many problems.

https://pagetwo.completecolorado.com...on-order-bill/

Which DEMS in the CO General Assembly (House or Senate) care one bit about what David Kopel brings up?

I will write each of the letters if people can identify which one might actually care.

[Rucker61]

Which DEMS in the CO General Assembly (House or Senate) care one bit about what David Kopel brings up?

I will write each of the letters if people can identify which one might actually care.

If it saves even one life, the Democrats are willing to trample every gun right, and any other right you have.

[DavieD55]

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.

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.?

[DavieD55]

Once this is enacted and in place I predict they're going to use it pretty heavy at first. They'll probably kill a few on purpose and say they resisted in order to invoke a lot of fear into the rest of general public. Or else we wont know anything about it as they're going around attacking and initiating pre-dawn raids confiscating firearms from gun owners without any due process of law.

Either way it will be passed off by the fake MSM, the crooks, and useful idiots who support it as being successful in keeping the "commun-ity" safe.


Nothing this blatantly unconstitutional and illegal could ever be about public safety.


Anyone who supports this, willfully acts on it, upholds it, defends it, and enforces it are not our fellow Americans.