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.

[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.?

[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!

[FoxtArt]

Gotta love how it's an ex-parte "civil protection order" for seizure of constitutionally protected assets, enforced as a criminal (not a civil) prohibition on their possession, and served with all the authority of a judicial warrant for felony arrest.

But they call it "civil" only so their burdens are "preponderance of the evidence" and you have to PROVE your innocence. All while ironically, they follow none of the civil rules and due process notes regarding civil property seizure innumerated under e.g. C.R.C.P. 104 - which would require a bond be posted to cover all your losses if they are wrong, and require a very prompt, proper hearing while your property is in situ.

It would be nice to see it at least modified to include bond requirements by the municipality and/or the accuser; required in an amount sufficient to cover potential loss of life claims and all damages. Then, they'd only execute one when they were REALLY REALLY REALLY REALLY REALLY SURE. As it is now, if they accidentally kill you, it falls under sovereign immunity, qualified immunity, and judicial immunity; so usually there would be no recourse for victims at all, even if their survivors bet the entire farm on "going after" those responsible.