Local gun group files lawsuit against red flag law for technicality

On Wednesday, Rocky Mountain Gun Owners and state representatives filed the first lawsuit challenging the state’s new red flag law, but this lawsuit takes a different strategy than expected.

The lawsuit argues the bill wasn’t read at length, despite requests from lawmakers on the House Floor.

Dudley Brown, Executive Director of the group says, “they violated due process on both ends. If a judge agrees with us, the law will throw this law out and effectively kill the red flag bill.”

Joining the lawsuit is Republican Representatives Dave Williams, Patrick Neville and Lori Saine.

Rep. Neville says, “Our lawsuit alleges that house leaders had an unlawful breach of a procedure while considering HB19-1177”

KRDO went back and found the original testimony that shows three lawmakers did, in fact, request it. The first request was by Rep. Dave Williams who represents part of El Paso County.

After a short recess, Williams goes before the podium and says, “thank you, Mr. Chair. Read the bill at length.”

Opponents say the motion wasn’t requested correctly.

The second request was correct. It was asked by Rep. Stephen Humphrey. He said, “I request the bill be read at length.”

The bill started to be read but with multiple clerks reading at the same time, causing Humphrey to withdraw his motion.

The third was by Rep. Lori Saine. She asked, “can we read the bill at length, Mr. Chair?.

Representative Jovan Melton replied, “That motion has already been done and will not be considered.”

After the press conference, Melton told media, “They made motions and we acted on those motions. The ones that weren’t proper motions, we didn’t act on.”

Ultimately, this battle will go before a court if the lawsuit is accepted.