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Thanks for the updates guys! And thanks for the link above Storm. I'll be attending the next Commissioners meeting in Huerfano County, where I know the "activist," a couple Commissioners, and the Sheriff mentioned in the article. I shall make my, and many others viewpoints known in helping to make our county a 2A Sanctuary County.
Posts: 4486 | Location: Southern Colorado | Registered: January 01, 2003Reply With QuoteReport This Post
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The Red Flag bill has been introduced into the Senate and has been assigned to be heard by the State, Veterans, & Military Affairs committee on Friday 3-15-19.

Please keep those letters, phone calls, and emails coming to the elected reps!
Posts: 4189 | Registered: August 21, 2006Reply With QuoteReport This Post
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Elbert County, Colorado:

The sheriff and county commissioners will be taking up the issue on Wednesday. 13 March 2019.

If you go: 9:00am, Wednesday, March 13 – BOCC conference room at 215 Comanche St. Kiowa, CO 80117. You can contact the commissioners to express your support here.

Text of the resolution is available here.


Posts: 66 | Location: Colorado | Registered: August 28, 2010Reply With QuoteReport This Post
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Add Douglas, Dolores, Teller, and El Paso to the list of counties protesting the Red Flag bill with 18 CO counties so far and more considering passing similar measures.

It hadn't occurred to me until after reading this article, but for those counties declaring themselves "sancturary" or otherwise protecting constitutional rights this declaration only applies to the unincorporated areas of the county and any incorporated cities within that "sanctuary" county may still follow the provisions of the Red Flag bill if it is passed.

According to this article El Paso county and Sheriff Elder have taken a "middle of the road" approach and will serve any court orders they are ordered to serve BUT will not serve or execute a search warrant or confiscate any guns.

[I bolded a portion of the article for emphasis. Comments at the linked article]

El Paso County declared 'Second Amendment preservation county' as Legislature weighs red flag gun bill

El Paso County declared 'Second Amendment preservation county' as Legislature weighs red flag gun bill

By: Rachel Riley Mar 12, 2019

El Paso County commissioners unanimously passed a resolution Tuesday declaring the county a “Second Amendment preservation county,” cementing their opposition to a red flag gun bill in the Legislature.

House Bill 1177 would allow temporary seizure of guns from people whom a court deems to be a risk to themselves or others.

But commissioners say it wouldn't address mental health issues often at the root of gun violence, and it violates people's constitutional rights, including the right to bear arms and the right to due process.

"I’m saddened that, as a local elected official, I’m even faced with a resolution to affirm a right that was guaranteed in our Constitution,” said commissioner Cami Bremer. “I honestly believe that this bill was crafted by well-meaning people, but that does not make it a good bill.”

In the resolution, commissioners demand “that the Legislature cease and desist any further actions restricting the Second Amendment rights of citizens” and threaten legal action if the law is enacted. The resolution also says commissioners will not "appropriate funds, resources, employees or agencies to initiate unconstitutional seizures in unincorporated El Paso County.”

Half a dozen other Colorado counties, including Fremont and Weld, have declared themselves Second Amendment sanctuaries in response to the red flag bill. Teller County commissioners resolved Thursday to “protect the inalienable and individual right to keep and bear arms in Teller County.”

Before El Paso County commissioners approved their resolution, several residents asked them not to challenge the red flag bill, saying it could prevent suicides and other firearms deaths.

“I do not understand why you, as the Board of County Commissioners, don’t want to save lives,” said resident Deborah Griffin, who said similar laws have prevented suicides in more than a dozen other states.

Jillian Freeland, a county resident and sociologist, testified that she was “afraid that we are playing identity politics with the lives in our community by refusing to enforce a piece of legislation that is coming down through officials elected by the people of Colorado.”

“This puts our community at risk, and it does not uphold our Constitution,” said Freeland, adding that she owns several guns

But many others urged the commissioners to oppose the bill, calling it a thinly veiled attempt to take guns from citizens.

“You must protect the individual rights of individual citizens,” resident Roger Oakey told commissioners.

Under the red flag bill, "clear and convincing evidence" of a person's danger would have to be presented in a hearing. Weapons then could be held for up to 364 days while the person gets treatment, which can be court-ordered. To recover the guns, the person must prove "beyond a reasonable doubt" that he no longer poses a danger.

Sheriff Bill Elder said the county will seek a court-ordered injunction to stop the law from taking effect Jan. 1, if the governor signs the bill.

The Sheriff’s Office would serve any court orders issued under the new law, as it does temporary protection orders, and instruct the individual to surrender any firearms to a licensed dealer, sheriff’s spokeswoman Jacqueline Kirby said in a statement. But the agency would not search a residence for guns or store surrendered guns, Kirby said.

District Attorney Dan May told commissioners that he supports the concept behind the bill, but it’s a flawed proposal that “shifts the burden of proof” to firearms owners, who must prove that they are mentally fit to have a gun.

“I support the idea of taking guns out of the hands of people who are mentally ill and pose a danger to society. But this bill does not accomplish those ends,” May said.

Commissioner Holly Williams echoed May’s concerns, saying, “This is a country where we are innocent until proven guilty. And this bill states, ‘You are guilty, and you have to prove your innocence.’ That is unacceptable in my mind.”

But Dr. Erik Wallace said that burden of proof is on the petitioner who is seeking to have a person declared dangerous. The proposal does “not violate the Second Amendment rights of anyone who is not in immediate danger of killing themselves or anyone else,” said Wallace, associate dean for the University of Colorado School of Medicine's branch in Colorado Springs.

A county news release noted that the resolution only applies to unincorporated areas, as the commission cannot set policy for any city in the county, such as Colorado Springs or Fountain.

The Colorado Springs Police Department “will not discuss pending legislation,” said spokesman Howard Black.

Colorado Politics contributed to this article.

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Posts: 4189 | Registered: August 21, 2006Reply With QuoteReport This Post
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