Colorado police and sheriff deputies already have the authority — and use it — to confiscate guns from someone they believe is an “imminent” threat to themselves or others, Pueblo County Sheriff Kirk Taylor said this week.
“It happens now, but it’s at our discretion when someone is being placed in a 72-hour hold for mental evaluation,” Taylor said. “Under this red-flag legislation, we lose that discretion and would have to enforce the court order.”
That image — of police confiscating guns from someone’s home — was evoked often last Friday in the emotional House debate over House Bill 1177, Officer.com reports.
Democrats say the law will help prevent gun violence and suicide.
Red Flag Law requires police to temporarily confiscate a person’s guns if a judge issues an Extreme Risk Protective Order based on a complaint from police or a family member that the person is a “significant” threat to themselves or others.
“I haven’t got space in my evidence room for holding many weapons from these kind of protective orders, I would change the bill, so that any firearms confiscated are given to a third party picked by the owner. That’s what we do now on mental-health holds.” ~ Taylor
But Weld County Commissioners are considering a resolution that would make the jurisdiction a Second Amendment Sanctuary County. Supporters of the Red Flag Law say it will help save lives.
But Commissioners in Weld County say it’s unconstitutional.
Gunny Salas, the owner of Takticool Arms shop in Greeley, told FOX31 he welcomes the proposed sanctuary status.
“I don’t believe that there should be a law that allows an individual to claim that they should not own firearms and have those guns confiscated without due justice,” said Salas
If commissioners OK the status, the Weld County Sheriff would be allowed to ignore Red Flag laws.
Opponents of the red flag bill in Colorado say it is unconstitutional. They say it contradicts the Second Amendment’s right to bear arms. They also say it violates the Fourth Amendment’s right to due process, protecting people from unreasonable searches and seizures.
Chris “Badger” Thomas is a Veteran who served our country as an Army Combat Medic.