“It’s a matter of doing what’s right.”
The Democrats have a slight edge in Colorado politics and have passed controversial ‘red flag’ legislation by a single vote.
The law allows the government to seize guns without due process, with a simple complaint.
Colorado’s “extreme risk protection order” bill would allow a family member, a roommate, or law enforcement to petition a judge to take someone’s firearms if they are deemed to be a danger to themselves or others.
Opponents see a lot of latitude for malicious abuse of this provision.
David Kopel, a constitutional law expert who has written extensively about gun policy in the United States, says he thinks the bill is generally a good idea but that he has serious reservations about how it is written — in part because of outside influence.
“The gun ban lobbies are getting more and more extreme and aggressive,” he said.
The bill allows a judge to order a person’s guns to be seized before the person has a chance to appear in court. The bill does require a second hearing with the gun owner present to be held within 14 days, where the owner could make a case to keep the weapons — but if the owner is unsuccessful, a judge could order the guns seized for as long as a year.
Kopel said it would be difficult to prevent a nightmare scenario in which someone misuses the law to take guns away from a person they intend to target violently.
The burden of proof is low — “preponderance of the evidence,” which is the same standard used in civil cases, and a much lower bar than the criminal standard, “beyond a reasonable doubt.”
More than half of Colorado’s 64 counties opposed to this legislation, some have even turned the Left’s own ‘Sanctuary City’ language back on these legislators.
It’s unlikely that Weld County Sheriff Steve Reams will be the only officer who refuses to enforce this law if it goes through.
After all, some patriotic Americans still have two defining features — core principles, and the courage to back them up.
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