This was an example of precisely the malicious abuse of red flag laws that made 2A proponents object to them in the first place.
A woman whose son was shot dead on an encounter with police attempted to use Colorado’s Red Flag laws to strip one officer of his lawful right to bear arms.
The problem with her complaint was that she had to lie on her report to do it. You see, officers were cleared of any wrongdoing in the death of her son.
“Ms. Holmes demonstrated enthusiasm to abuse the legal system when she fraudulently filed a red flag affidavit besmirching the name of an honorable CSU police corporal,” [Sheriff Justin] Smith said in a statement to the Coloradoan on Friday. “In doing so, she sought to deprive the officer of his constitutional rights.”
Holmes filed the red flag case — known as an extreme risk protection order — against Colorado State University Cpl. Philip Morris on Jan. 9. Morris was one of two officers involved in the fatal shooting of Holmes’ 19-year-old son, Jeremy Holmes, on July 1, 2017. The Larimer County district attorney cleared both officers of wrongdoing in the shooting.
In the petition, Holmes claimed under oath she is a family or household member of Morris, specifically that she has a child in common with him. In a sworn written statement presented by Morris’ attorney during the red flag hearing, Morris said he did not share a child with Holmes.
She lied under oath in order to deprive a citizen she had a grudge against of his constitutional rights.
Isn’t this exactly the scenario we’ve raised concerns about?