Judge denies ‘Red Flag Law’ petition to seize Colorado officer’s guns

FORT COLLINS, Colo. (AP) - A judge has denied a petition to seize the guns of a police officer involved in the fatal shooting of a 19-year-old which was sought by the teen's mother under Colorado's new red flag law.

In her petition, Susan Holmes claimed there was a credible risk of unlawful or reckless use of a firearm by Phillip Morris because he threatened and killed her son and had a history of being aggressive.

The law only allows family or household members or police to seek the removal of guns from someone deemed a danger.

Thursday's ruling is now being used as an example from those against the Red Flag Bill since its inception. They claim this shows how the bill's power can be abused by residents. Teller County Sheriff Jason Mikesell told KRDO, "This is going to happen over and over. We saw it coming and that's why we said we wouldn't use the Red Flag."

However, this case also illustrates how judges are taking these cases very seriously and are acting as watchdogs to make sure the law is not abused. State Senator Paul Lundeen voted against the bill but says, "It's great that as things get down the process, the courts are saying, 'Stop, no, whoa, you can't do that.'"

Holmes says she is considering an appeal of Thursday's ruling.