Some Colorado sheriffs won’t enforce “red flag” bill, plan to file injunction should it become law

After weeks of contentious debate and plenty of push-back from counties and sheriffs opposed to it, it would appear the red flag bill is about to become law.

After reviewing recent Senate amendments, the Colorado House held the final vote on the Extreme Risk Protection Order bill Monday, green-lighting the measure and sending it to Governor Jared Polis’ desk.

Polis has already said he would sign it, which means, come January 2020, law enforcement officers, along with family members will have the ability to petition a judge and have someone’s firearms taken away if they’re deemed a threat to themselves or others.

But some sheriffs in the state are not supportive.

Those who don’t enforce an extreme risk protection order could be held in contempt of court, which could land them right in their own jail.

Weld County Sheriff Steve Reams recently made headlines for saying he’d rather be in his own jail to get the bill “ironed out”.

Fremont County Sheriff Allen Cooper is willing to do the same.

“I swore to uphold the Constitution of the United States first, and my way of thinking is that takes precedence over the state’s constitution.

Cooper now looking at options for what he’ll do should House Bill 1177 become law.

“I would look for a workaround with that we have other tools in place that I believe are more appropriate and more effective,” Cooper said.

Cooper said tools like the 72-hour hold, also known as an Involuntary commitment better addresses the root issue of mental health.

But bottom line, Cooper said he’s not going to ask his deputies to do something he’s not willing to do.

“Going into a person’s home, and they’re probably going to know why we’re there, exercising these warrants, it’s probably going to be, can be, dangerous for the deputies,” Cooper said.

Should Polis sign the bill like he’s said he would, Sheriff Cooper and Sheriff Bill Elder from El Paso County have both said they, and other Colorado sheriffs, are planning to use the time before it goes into place to get a court injunction to stop the state from putting the Extreme Risk Protection Order bill into effect.