Now that Colorado’s red flag bill is law, what’s next?
So what’s next during the eight-and-a-half-months before Colorado’s red flag law takes effect?
We’ll likely see what county authorities and law enforcement agencies promised — legal challenges and a refusal to enforce the law if it isn’t delayed in court.
On Friday, sponsors and supporters of the law explained why they think it will promote safety for law enforcement and hold up against any legal challenge of being unconstitutional.
Boulder County Sheriff Joe Pelle and Douglas County Sheriff Tony Spurlock said they are working with 15 different police chiefs and staff members under the Attorney General’s Office to create model policies and procedures for the new law.
“Those policies and procedures will guide police agencies in the proper execution in stepping through this 30-page statute, and doing it right,” Pelle said. “This is being done in other states and it’s being done successfully. We’ve already looked at policies from Washington, California and others. This can be done safely. It can be done intelligently. We can have policies and procedures in place that guide us.”
Jefferson County Democratic Sen. Brittany Pettersen co-sponsored the legislation.
“What is in process with this bill is an even higher standard than we have for actually taking away a child from somebody who is at risk, who is in danger,” she said.
Supporters and sponsors said the new law is bipartisan, gaining support from both parties, even at the Democratic-majority state capitol.
But on Friday, two Republican lawmakers from El Paso County took the lead in speaking for the opposition, saying the law switches the burden of proof on the accused — from innocent until proven guilty, to guilty until proven sane.
“It starts out with all the right intentions, headed in the correct direction, get services and help for someone who’s having a mental health problem,” said Sen. Paul Lundeen. “Then it turns immediately and begins to be a bill about confiscating property, violating constitutional rights.”
Sen. Owen Hill agreed.
“It pits citizen against citizen, citizen against law enforcement,” he said. “I just think this infuses distrust into our communities. I think that’s unhealthy. I think that’s wrong, the direction that we’re going.”
Colorado Attorney General Phil Weiser said the law is legal and valid.
But it’ll likely be up to judges on the Colorado Supreme Court to make the final decision.
Another potential complication is if Congress comes out with a national version of the red flag law.
