Colorado ‘red flag’ gun bill passes first hearing of session

A Colorado House committee has passed “red flag” legislation that would permit the temporary seizure of guns from people deemed by a court to pose a threat to themselves or others.

The Democrat-led House Judiciary Committee voted 7-4 on party lines late Thursday to send the bill to the chamber’s appropriations committee.

The legislation would allow family or law enforcement to seek a court order to have guns seized if they believe the gun owner poses a threat.

If a judge approves a request, a subsequent court hearing would determine whether to extend the seizure, up to 364 days. It’s up to the gun owner to prove he or she no longer poses a threat to get the weapons back.

Senate Republicans defeated a “red flag” bill last year, arguing it infringed on Second Amendment rights.

Democrats took over the Senate in November’s elections to control both chambers.

Gov. Jared Polis, a Democrat, called for a “red flag” law during his 2018 campaign.

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8:15 p.m.

The father of a student who was slain in the 1999 Columbine High School shooting says a “red flag” law is essential for Colorado.

Tom Mauser became a gun control activist after his son, Daniel, was killed at Columbine.

Two students killed 13 people at the Littleton, Colorado school before killing themselves.

Mauser told a state House panel Thursday: “When you have been through a tragedy like this, you are haunted by a single question, a burning question. … What could have been done?”

He says: “We need to have this bill, and I urge you to vote yes.”

Dozens of people have testified for and against a “red flag” bill that would allow law enforcement or family to seek a court order to have guns seized if they believe a gun owner poses a threat to himself or others.

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5:10 p.m.

The prosecutor of the Aurora theater shooter has testified against a “red flag” bill being debated by Colorado lawmakers.

George Brauchler is the Arapahoe County district attorney. Last year, he supported unsuccessful legislation to allow the seizure of firearms from people deemed to be a threat to themselves or others.

Brauchler testified against a new version of that legislation on Thursday.

He says he wants a higher standard of evidence for anyone seeking a court order to remove guns from someone on the grounds that the person is in crisis.

Brauchler objects to the bill’s requirement that it’s up to the gun owner to prove he or she has overcome that crisis in order to get the weapons back.

He also says a maximum 364-day duration for risk protection orders is too long.

Brauchler says if the bill passes, lawmakers should revisit it in two or three years to fix any shortcomings.

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4:15 p.m.

Weld County Sheriff Steve Reams has testified against a “red flag” bill being considered by a Colorado House committee.

Reams told the House Judiciary Committee that lawmakers should focus on bolstering mental health care rather than “overreach” in removing guns owned by citizens deemed to be in mental crisis.

The “red flag” bill would allow law enforcement or family to seek a court order to have guns seized if they believe the owner is a threat to themselves or others.

Reams says he is speaking for sheriffs in El Paso, Larimer, Mesa and Teller counties.

John Anderson is a retired commander of the Castle Rock Police Department and a 20-year veteran of SWAT teams.

Anderson testified that the bill, if adopted, could create dangerous situations if SWAT officers are sent to confiscate arms from citizens deemed a threat.

The bill, he says, assumes that “the accused is guilty until proven innocent.”

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3:25 p.m.

Two Colorado sheriffs have urged lawmakers to enact a “red flag” gun bill.

The bill would allow law enforcement or family to seek a court order to have guns seized if they believe the owner is a threat to themselves or others.

Douglas County Sheriff Tony Spurlock told a House committee Thursday the bill better allows police agencies to intervene to help those in crisis.

Boulder County Sheriff Joe Pelle said the measure will make communities – and officers – safer.

Spurlock lost a deputy in a 2017 shooting by a mentally ill man. Pelle’s son, also a Douglas County deputy, was wounded in the incident.

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2:30 p.m.

Colorado’s Democratic attorney general, Phil Weiser, is urging lawmakers to support a “red flag” bill.

The bill would allow family or law enforcement to seek a court order to have guns seized if they believe the owner is a threat to themselves or others.

If approved, a subsequent court hearing would be held to determine whether to extend the seizure, up to 364 days.

Weiser told lawmakers Thursday that the Colorado bill aligns with a U.S. Supreme Court decision. He says the court found that “reasonable” restrictions on persons with mental illness are allowable under the Second Amendment.

The House Judiciary Committee is hearing the bill.

Opponents say the legislation infringes on citizens’ Second Amendment rights and could deter people from seeking care for mental health issues.

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12:20 p.m.

Colorado Democrats see a big opportunity to pass legislation allowing the seizure of guns from people deemed to pose a threat to themselves or others.

This year’s “red flag” bill gets its first hearing Thursday in the House Judiciary Committee.

It would allow family or law enforcement to seek a court order to have guns seized if they believe the owner is a threat.

If approved, a subsequent court hearing would be held to determine whether to extend the seizure, up to 364 days.

Bill sponsors include House Majority Leader Alec Garnett and first-term Rep. Tom Sullivan, whose son, Alex, was killed in the 2012 Aurora theater shooting.

Senate Republicans defeated similar legislation last year, insisting it infringed on citizens’ Second Amendment rights.

Democrats took over the Senate in November.