Why so many communities have a problem with the Red Flag bill
As HB19-1177, otherwise known as the Red Flag bill, continues to make its way through the State Legislature, many people are questioning whether it goes against the U.S. Constitution.
Fourteen other states have passed red flag laws, but they’re all different. Colorado’s specifically puts the burden of proof on the person who is being accused. That’s just one the many layers of this 33-page bill so many communities have a problem with.
El Paso County Sheriff Bill Elder is questioning its constitutionality.
He says, “If we’re not really careful, we’re going to be taking personal property away from people without having due process.”
Sheriffs in 10 other counties, including Fremont, Weld, and Teller, agree with him.
The first and probably the most controversial point is the hearing before a judge that decides whether someone temporarily loses their guns.
The bill reads, “The petitioner must submit an affidavit signed under oath and penalty of perjury that sets forth facts to support the issuance of a temporary Extreme Risk Protection Order and a reasonable basis for believing they exist.”
The person whose guns are getting taken away isn’t there at that first hearing.
If the judge agrees with those facts and signs a court order, law enforcement has to go in and take the guns.
The argument from sheriffs is it violates the Second, Fourth, and 14th amendments.
Elder says, “There have been an unbelievable amount of text messages, Facebook messages to me, to defend people’s Second Amendment rights. Frankly, I’m just as concerned about their 14th, 15th, fourth, as the second.”
Following the first hearing, the court has 14 days after the guns are taken away, and the accuser and accused will go before the judge, where a decision will be made to give them back or keep them for the next 364 days.
If the judge decides to keep the guns out of someone’s hands, the respondent only has one chance to have a hearing to get them back.
To read the full bill text, click here.
