Red Flag Law has no guidance for Police

[eddiememphis]

https://coloradosun.com/2019/12/04/c...-gun-seizures/

Highlights

The law allows a judge to order temporary seizure of guns from someone deemed a significant risk to themselves or others. But the guidance didn?t include advice on what to do when someone refuses to give up their firearms.

?It?s up to each law enforcement agency to determine how to respond to an individual who refuses to surrender a firearm,? said Lawrence Pacheco, a spokesman for Attorney General Phil Weiser.

But the lack of a roadmap on the crucial ? and potentially deadly ? question of what to do when someone refuses to hand over their guns underscores broader law enforcement unknowns around the complicated new law.

...they could be arrested if they don?t comply. First, however, law enforcement would have to be able to prove they actually have firearms.

Fremont County Sheriff Allen Cooper... questions whether law enforcement could even act if someone refused to comply with an order to surrender their guns.
?This is a civil protection order, not a criminal protection order..."

[buffalobo]

Helluva lot more than another step on the path...

[TFOGGER]

[newracer]

My understanding is that whoever files for the order is responsible to tell the court what firearms the person has. I also thought that they were responsible to notify as well.

[Little Dutch]

My understanding is that whoever files for the order is responsible to tell the court what firearms the person has. I also thought that they were responsible to notify as well.

I didn't find that in the wording. Do you have a specific source and section of the law?

[newracer]

13-14.5-104 3 A Petition must (b) IDENTIFY THE NUMBER, TYPES, AND LOCATIONS OF ANY FIREARMS THE PETITIONER BELIEVES TO BE IN THE RESPONDENT'S CURRENT OWNERSHIP, POSSESSION, CUSTODY, OR CONTROL;

I must be mistaken about the serving part.

[Little Dutch]

13-14.5-104 3 A Petition must (b) IDENTIFY THE NUMBER, TYPES, AND LOCATIONS OF ANY FIREARMS THE PETITIONER BELIEVES TO BE IN THE RESPONDENT'S CURRENT OWNERSHIP, POSSESSION, CUSTODY, OR CONTROL;

I must be mistaken about the serving part.

Thanks!

[Aardvark]

[QUOTE=newracer;2247913]13-14.5-104 3 A Petition must (b) IDENTIFY THE NUMBER, TYPES, AND LOCATIONS OF ANY FIREARMS THE PETITIONER BELIEVES TO BE IN THE RESPONDENT'S CURRENT OWNERSHIP, POSSESSION, CUSTODY, OR CONTROL;

The way the reads, all the info that "must" be identified, can be made up: "petitioner *believes*". no burden of proof from the accuser. With this vaguely defined proof, how does a judge determine a person warrants a visit from LEO?

[Irving]

Does any law provide guidance for the police how they are written?

[eddiememphis]

Does any law provide guidance for the police how they are written?

No.

The six-page guidance issued Dec. 1 by the Colorado Peace Officer Standards and Training Board, known as POST, deals only with how law enforcement should accept, store and return guns seized under the law.

?It?s up to each law enforcement agency to determine how to respond to an individual who refuses to surrender a firearm,? said Lawrence Pacheco, a spokesman for Attorney General Phil Weiser. ?It would likely depend on the factors of each case and available resources.?