Colorado Now Has the Worst Red Flag Law Around
Russ Chastain 07.29.19
In early 2019, Colorado’s residents were warned about a proposed Red Flag gun confiscation law, saying it “is worse than you think –- and gun owners should be worried.” Well, it became law in April, 2019… and it’s bad.
The House bill, 19-1177, can be seen here. They called it an “Emergency Risk Protection Order” (ERPO) because sheeple want to be protected from extreme risks. But as always, the actual legislation doesn’t mesh with its name.
Here’s a quick summary from Ammoland:
Here’s what you’ll hear the media say this bill does:
“A family member or law enforcement officer would petition a court to request the ability to immediately seize a person’s guns. If a judge signs the order, the weapons can be taken away and the court must hold a hearing within 14 days to determine whether to extend the seizure and bar the person from purchasing more firearms.”
Here’s what they won’t tell you:
Almost anyone can request an ERPO without even showing their face or providing their address. The definition of “family or household member” is so broad it includes ex-lovers who you have never even lived with! Or someone *claiming* you once had an affair. And even old roommates.
The initial report and hearing can be done over the phone, all while the accused is completely oblivious proceedings are taking place to have his or her firearms confiscated. There is no due process at this first hearing – which is the hearing where permission is given to confiscate gun! Even Colorado Attorney General Weiser admits to the lack of due process. Watch his testimony here.
The first time the accused learns someone has reported them will be when local law enforcement shows up at their door with an order AND a search warrant prepared to raid your home – while the accused never even committed a crime. This search warrant is a BRAND NEW type of warrant that is created in the bill – a gun owner specific civil search warrant. Read all about that here.
14 days later is the first time the accused will have a chance to defend themselves against this non-crime. The burden of proof will fall on the accused, not on the petitioner who can actually provide affidavits rather than attend court!
The guns will be confiscated for 364 days, during which time the accused only has one opportunity to ask the courts to lift the order.
There is zero accountability for false accusers. In fact, the filing fee is $0! For comparison, requesting a Temporary Restraining Order in Colorado is $97. Attorney General Weiser also admitted false claims will be par for the course. Listen to his statements here.
This bill is being touted as a “suicide prevention” bill, when in fact, the fear of having your firearms confiscated will make people terrified to ask for help when they need it, and will undoubtedly escalate situations rather than deescalate them..
It is so rife for abuse, it can easily be used by someone’s stalker or abuser to have their victim disarmed – legally.
The ERPO will go on a person’s permanent record EVEN if it is dismissed, meaning it will show up on background checks, etc.
Colorado continues to be more and more hostile to civil rights; their anti-gun laws have continued to repel businesses and potential residents. Magpul did the skedaddle back in 2015, taking its jobs and tax base south to Texas.
This latest law needs to be repealed, and fast. Colorado residents should contact their lawmakers and insist upon it, and vote out everyone who helped this bad bill become law in the first place.