Friday, April 12, 2019

Gov. Polis signs "red-flag bill" into law

Posted By on Fri, Apr 12, 2019 at 5:33 PM

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——UPDATE MONDAY, APRIL 15——

Via a spokesperson, El Paso County Sheriff Bill Elder gave the following comment:

There is a mental health crisis in this country, in this state and our communities. The Red Flag Bill does nothing to address the underlying mental health of an individual, it only violates in my opinion, the right of a citizen to possess firearms. As I previously stated, I am exploring all available legal options and am committed to vigorously challenging the constitutionality of this law.


——ORIGINAL POST 5:33 P.M. FRIDAY, APRIL 12——

With the signature of Gov. Jared Polis, the "red-flag bill" became law on April 12 — making it legal for law enforcement to seize the firearms of those determined to pose a risk to themselves or others after a court issues an "Extreme Risk Protection Order."

"A strong majority of gun owners, non gun owners, Republicans, Independents, and Democrats agree: Extreme Risk Protection Order Laws save lives and are consistent with our 2nd amendment rights," reads an April 12 post on Polis' official Facebook page.

In fact, more than half of the state's counties, including El Paso, issued resolutions opposing the bill, claiming it violates Second Amendment rights and constitutional due process.

The new law allows an individual to petition the court to remove firearms from a family or household member they feel could endanger themselves or others. A judge would have to hold a hearing that day, or the following day, to determine whether to issue the protection order.

A second hearing must be held within 14 days to determine whether the person's weapons should be kept for up to 364 days. During that time, the person could not legally purchase, possess or receive any firearms.

The law's supporters say it's needed to address Colorado's high suicide rate. The state has the 10th highest suicide rate in the U.S., with 20.3 suicides per 100,000 people in 2017. El Paso County's rate is slightly higher, at 22.8 per 100,000. Half of all suicides were by firearm in 2017.

"While we still need to do more to help those in a mental health crisis access the help they urgently need, this bill provides a highly targeted tool to judges, families, and law enforcement to reduce gun violence, prevent suicide, and protect families and first responders," Polis' Facebook post reads.

Republicans attempting to force recall elections of state Democrats cite the red-flag law as a motivating factor.

At a press conference March 26, Polis said counties had the right to exercise discretion over how to enforce the law, The Colorado Sun reported. He dodged questions over whether he agreed with Attorney General Phil Weiser's earlier statement that any sheriff who would disregard a court order to remove someone's firearms should resign.

Lawmakers were mostly split along party lines in voting on the bill, though Senate President Leroy Garcia of Pueblo, a Democrat, opposed it.

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