El Paso County welcomes lawsuit by gun owners group

Wednesday afternoon, the Rocky Mountain Gun Owners group announced a lawsuit it intends to file that challenges the constitutionality of the “red flag bill” that was signed into law by Gov. Jared Polis on April 12.

The extreme risk protection order bill allows law enforcement or a relative to petition a judge to take away an individual’s guns if that individual is deemed a risk to themselves or others due to a mental crisis.

RMGO didn’t release details of the lawsuit on Wednesday but is expected to field questions at the state capitol on Thursday afternoon.

House Minority Leader Patrick Neville, and State Representatives Lori Saine and Dave Williams, who fought the bill, are expected to be on hand.

The pro-second amendment group, which claims to have more than 200,000 members, has frequently stepped in to fight anti-gun laws passed in Colorado, including a high capacity magazine ban passed in 2013.

Less than a month ago, the Colorado Supreme Court announced it would hear arguments in that case.

—-

Earlier this year, El Paso County leaders announced their intention to challenge the red flag bill in court if it were to pass.

Sheriff Bill Elder told KRDO in March he had concerns both about the constitutionality as well as the danger it poses to his deputies try to enforce a judge’s order to seize someone’s weapons.

“As it’s written, it focuses more on taking someone’s guns and less on the real issue, which is mental illness treatment,” he said. “It takes someone’s guns without giving due process to the accused. The decision is based on a relative or an undetermined third party with no input from a mental health professional. And enforcing it could lead to dangerous confrontations — particularly if the mentally ill person is a law enforcement officer, a firefighter or in the military.”

Elder was unavailable for comment on Wednesday, but a spokesperson for the sheriff’s office said they welcome the RMGO lawsuit.

Public Information Officer Jackie Kirby said county leaders were concerned that any lawsuit filed on behalf of the sheriff’s office or the county commissioners could be dismissed based on a lack of standing.

She explained that a lawsuit like this would likely have to come from someone who was personally impacted by the legislation, not on behalf of a governmental body.

The RMGO lawsuit over the 2013 magazine ban named an individual among the plaintiffs, and the 2019 lawsuit over the red flag bill will likely include one also.

Kirby also noted that there may be an issue with funding any lawsuit filed on behalf of the county, saying it’s unclear whether taxpayer dollars could be used to fight a law passed by the state.

She said with the announcement of the RMGO lawsuit, it’s very likely that instead of filing its own lawsuit, El Paso County would likely submit an amicus brief, which is essentially a document submitted by a non-party expert as a way of articulating concerns addressed in a lawsuit.

Kirby added that the ultimate goal is to receive an injunction from the court that would keep the law from taking effect before the case can be heard in court.

For now, the law is set to take effect on January 1, 2020.