Tag Archives: colorado

Colorado Red Flag Bill Heads To Governor’s Desk, But Sheriff’s Concerns Linger Over Gun Confiscation

Facebooktwittergoogle_pluspinterestyoutube

Sheriff Steve Reams, who serves a Colorado county opposed to gun legislation, takes a firm stance against what he sees as an unconstitutional new law. READ MORE

Sheriff Steve Reams
Sheriff Steve Reams.

SOURCE: Fort Collins Coloradoan, by Nick Coltrain; CNN, by Bryan Howard, photo by Ken Tillis

Colorado houses controlled by Democrats, passed a new red flag bill HB19- 1177. This bill will allow the state government to take away guns from anyone they want for no legal reasons. However, one Colorado Sheriff is standing up to these tyrannical politicians claiming he will not enforce the new law and is willing to go to jail over it.

Weld County Sheriff Steve Reams said, “It’s a matter of doing what’s right.” He has also said, “If you pass an unconstitutional law, our oaths as commissioners or myself as the sheriff — we’re going to follow our constitutional oath first. And we’ll do that balancing act on our own.”

Reams stated on Monday, “It’s unlike any other red flag bill that has been introduced anywhere in the United States. The issue is the person who is having their guns taken away isn’t aware of this hearing taking place. They find out about the hearing after the fact.”

Reams has said, “I’m not bluffing,” when he said he will not enforce the bill.

According to CNN, all 64 counties in Colorado oppose the anti second amendment law that will be enforced onto them, and about half of those have passed resolutions opposing the bill, symbolically declaring their counties “Second Amendment Sanctuaries.” That list includes Weld County, Reams jurisdiction.

Reams could potentially face jail if a judge ordered his department to seize a person’s firearms; if Reams refused, he could face contempt of court charges.

Reams outlined concerns similar to those raised by Larimer County Sheriff Justin Smith and the Larimer County Commissioners in the lead up to the bill’s passage: It violates due process and other Constitutional rights, it takes away people’s home defense, it’s logistically difficult for sheriff’s offices that aren’t equipped to keep and return the guns, and it addresses a symptom of a mental health crises, instead of a person’s overall mental health.

“If they’re such a significant risk to themselves that they shouldn’t have a gun, my feeling is the better focus is dealing with the person,” Reams said. “So let’s look at a mental health hold or something along those lines.”

He called for instead reducing the requirements to place someone in a mental health hold, and increasing the requirements for freeing that person. State statute regarding mental health holds currently requires the person to represent an imminent danger to their self or others; Reams would like it to be closer to the lower threshold of a significant threat included in the red flag bill.

“The thought process of denying someone, or taking that object away and it being a way to make them safe, it misses the root problem,” Reams said. “Mental health is where we should be focused, and we just keep passing that buck along, keep kicking that can along, and that’s where I want to see that investment go.”

To be clear, Sheriff Reams doesn’t want to go to jail. He’d much rather the issues he sees with the bill be sussed out and the attention be shifted to helping those in mental health crises.

“(Going to jail is) the absolute last thing I’d like to do,” Reams said in an interview with the Coloradoan following a CNN story headlined “This Colorado sheriff is willing to go to jail rather than enforce a proposed gun law.” See it HERE 

“I’d much rather see this get worked out in the courts and dealt with in the courts before it ever comes to that point,” Reams told the Coloradoan. “But if and when the time comes, and this issue hasn’t been worked out in the courts, then, yeah, this is the last choice that I have.”

The bill allows family, members of the household or law enforcement to petition a court to have an individual’s guns seized or surrendered. A similar bill was stifled by the Republican-controlled Senate last year. The new Democratic legislature was able to move it through, and Gov. Polis, also a Democrat, has pledged to sign the measure into law.

“This bill will give law enforcement and families the tools that they need to stop tragedies from constantly happening and save lives,” said first-term Rep. Tom Sullivan, who sponsored the bill with House Majority Leader Alec Garnett.

Reams said he saw the conflict in enforcing state law versus respecting people’s Constitutional rights — and not just the headline-grabbing right to bear arms. He cited concerns with unlawful search and seizure, due process and equal protections clauses as well.

“It turns the Fourth, the Fifth, and the 14th amendment on their heads,” he said. “It does things so backwards from what we understand about due process. Anyone who looks at this with an honest eye has to have concerns. The Second Amendment is the easy thing to say is under attack, and that’s a portion of it, but that’s not the main portion. But it doesn’t resonate in headlines to say we’re defending the 14th Amendment.”

Several law enforcement officials testified for the bill, named after Zackari Parrish, a 29-year old sheriff’s deputy in Douglas County. The husband and father was shot and killed in a New Year’s Eve 2017 shooting by a man who had exhibited increasingly erratic behavior.

State Attorney General Phil Weiser, a Democrat, has said sheriffs who don’t want to enforce the measure should resign. Gov. Polis said on March 26 that he believes sheriffs are committed to enforcing laws approved at the Capitol. Polis also said sheriffs have discretion to decide which issues to focus on.

Reams said he wouldn’t resign in protest over the bill because he was elected to do the job of sheriff. Most of the constituent feedback he’s heard has been positive, he said.

“If I were to walk away in protest, or resign in protest, I’d be saying I’m not in it for the fight,” Reams said.

The red flag bill is the first major gun legislation to make its way through both Colorado legislative chambers since 2013, when lawmakers passed universal background checks and banned large-capacity ammunition magazines after the mass shootings in Aurora and at Sandy Hook Elementary School in Connecticut.

Thirteen other states have passed similar legislation. Florida passed its version after the 2018 Parkland school massacre.

The Associated Press contributed to this report.

Columbine Survivor Introduces Bill To Expand Concealed-Carry In Schools

Facebooktwittergoogle_pluspinterestyoutube

Colorado law-maker seeks to expand concealed carry boundaries in hopes of protecting schools. Read up on it!

littleton sign

SOURCE: The Washinton Times

Some students are calling for tougher gun-control laws after escaping last week’s shooting in Parkland, Florida, but another school-shooting survivor is going in a different direction.

Colorado House Minority Leader Patrick Neville, who attended Columbine High School at the time of the 1999 mass shooting, has again introduced legislation to remove limitations on concealed carry in K-12 schools.

Under state law, concealed-carry permit holders may bring firearms onto school property, but must keep them locked inside their vehicles.

Mr. Neville, who has introduced the bill annually since he was elected in 2014, said the current law “creates a so-called gun free zone in every K-12 public school.”

“This act would allow every law-abiding citizens who holds a concealed carry permit, issued from their chief law-enforcement officer, the right to carry concealed in order to defend themselves and most importantly our children from the worst-case scenarios,” Mr. Neville said in a statement.

The Republican lawmaker has argued that more of his classmates would have survived the attack if some faculty had been armed. Twelve students and one teacher were killed by two teen gunmen at the high school in Littleton, Colorado.

“As a former Columbine student who was a sophomore during the shootings on April 20, 1999, I will do everything in my power to prevent Colorado families from enduring the hardships my classmates and I faced that day,” Mr. Neville said. “Time and time again we point to the one common theme with mass shootings, they occur in gun-free zones.”

A hearing on the bill, which stands little chance of passage in the Democrat-controlled House, is slated for Wednesday.

Last to Call — First to Jail

Facebooktwittergoogle_pluspinterestyoutube

When a Colorado member was confronted by two angry men in a grocery store parking lot, he tried to defuse the situation by showing his firearm. Watch Member Ambassador Sherry Hale explain why our Member got arrested — and learn the simple step you can take to avoid a similar fate.

Check out these other great articles from U.S. Law Shield:

Texas Law Shield Independent Program Attorney Gordon Cooper says that words alone are not enough to justify use of force or deadly force in an escalating situation. But couple them with a threatening action, and it’s a whole ‘nother ballgame. Click to watch the video:
Texas Law Shield Independent Program Attorney Gordon Cooper says that words alone are not enough to justify use of force or deadly force in an escalating situation. But couple them with a threatening action, and it’s a whole ‘nother ballgame. Click to watch the video:
Springfield-Armory-Saint-right-x1200
You might have read some articles or seen headlines about a court upholding a ban on “assault rifles,” including the AR-15. Independent Program Attorneys at the law firm of Walker & Byington, PLLC have received many questions from Members concerned that this ruling has made the AR-15 (and similar semi-automatic firearms) illegal “assault weapons” everywhere in the country. Is this the truth of the matter, or a case of media misinformation?