Red flag bill creates dilemma for El Paso County’s sheriff

The ongoing debate over the red flag bill in Colorado led to two significant developments Thursday in El Paso County.

During an hourlong discussion with the local media, Sheriff Bill Elder said he’ll enforce the bill — which provides authorities the ability to seize the guns of a mentally ill person who poses a safety threat — if the Legislature and governor approve it in the current session.

But, because the bill wouldn’t take effect until next Jan. 1, Elder said he and other like-minded counties will sue the state in opposition to the bill if it passes.

“Until it can be reviewed and have, hopefully, the Colorado Supreme Court review it and decide whether it’s constitutional or not,” he said. “That way, it’s not left up to the interpretation of 64 different counties and countless cities to enforce it or not enforce it.”

Elder also said he has spoken with county commissioners and they expect to pass a resolution opposing the bill next Tuesday, with the designation of being a Second Amendment preservation county instead of the more common designation of a sanctuary county.
Elder has several concerns about the bill.

“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 said he has tried to contact local lawmakers to make changes in the bill.

“They haven’t returned my calls or my text messages,” he said.