Red Flag Bill Passes the Colorado House and Heads to the Senate

"Red flag" gun laws or "Extreme Protection" orders let police confiscate guns without due process for up to six months.
“Red flag” gun laws or “Extreme Protection” orders let police confiscate guns without due process for up to six months.

U.S.A.-(Ammoland.com)- A so-called “Red Flag” law has passed the Colorado Democratic-controlled House and is now heading to the state Senate.

“Red flag” gun laws or “Extreme Protection” orders let police confiscate guns without due process for up to six months. The courts hold a secret hearing in which the gun owner is not present to defend themselves to decide whether police can take their firearms away. The claim that the person shouldn't own a gun could come from a family member or even a neighbor. Only one person is needed to testify for an order to be granted.

Red flag gun laws are a hot-button topic around the country. Proponents claim they are a way of preventing someone who shouldn't have a gun from having a gun. They claim the laws are only intended to take firearms away from those that are a danger to themselves or others.

Opponents argue that these laws are unconstitutional and violate not only the gun owner's Second Amendment rights but so their Fourth Amendment rights. They point out how these laws can be abused by an anti-gun family member or neighbor.

“Sometime after your constitutional rights are suspended without due process, you will theoretically have the ‘right' to spend $10,000 to try to convince a court it made a mistake,” said Gun Owners of America Legislative Counsel Michael Hammond. “This is a fool's errand.”

The bill, known as House Bill 1436, passed the Colorado House on Friday on a mostly party line. Only two Republicans voted for the bill. These Republicans were Assistant House Minority Leader Cole Wist, R-Centennial, who is a prime sponsor of the proposed law, and Dan Thurlow, R-Grand Junction.

The bill will make its way to the Republican Controlled Senate sometime early this week. The Colorado legislative session is due to end on Wednesday. Republicans in the Senate have vowed to fight against the bill that in their view violates due process.

“I don't think it's any secret where the three members stand on that particular subject when it comes to the potential for gun confiscation without the proper due process,” said Senate President Kevin Grantham to the Denver Post Referencing Senate's State, Veterans, and Military Affairs Committee which is the next stop for the bill. “So, I don't think it should be any surprise what happens to that bill once it goes through committee.”

Gun rights groups have come out against these “red flag” laws. The issue is that the courts have a habit of approving such orders without much consideration. Over 99% of surveillance warrants are approved, and the court system also approves over 95% of all search warrants. Activist are concerned that these proceedings will be just a rubber stamp.

“In an exposé of Gun Confiscation Orders in Seattle, only one request was ever denied,” according to Hammond. “And in Massachusetts, a liberal state representative, Barbara Gray, said of much-less-intrusive protective orders: ‘I think judges grant the restraining orders without asking too many questions.'”

Veterans groups are also concerned that these laws can be used to strip combat vets with PTSD of their rights to guns. In fact, in Colorado Democrats are using the case of 37-year-old Matthew Riehl as an example of why they need such laws.

Injured Veterans PTSD
Veterans groups are also concerned that these laws can be used to strip combat vets with PTSD of their rights to guns.

Matthew Riehl was suffering from PTSD and bipolar disorder when police showed up at his door. After a gunfight, which killed Douglas County Sheriff's Deputy Zackari Parrish and injured four other Deputies, Riehl turned the gun on himself and committed suicide.

For every one Matthew Riehl, there are thousands of other people that suffer from PTSD and are not a danger to themselves or others. Since the target of the “red flag” laws does not know about the hearing and is not permitted to defend themselves, a diagnosis of PTSD will be enough to confiscate the vet's guns.

Although this bill is doomed to fail in Colorado, more and more of these “red flag” laws are passing nationwide.


About John CrumpJohn Crump

John is a NRA instructor and a constitutional activist. He is the former CEO of Veritas Firearms, LLC and is the co-host of The Patriot News Podcast which can be found at www.blogtalkradio.com/patriotnews. John has written extensively on the patriot movement including 3%'ers, Oath Keepers, and Militias. In addition to the Patriot movement, John has written about firearms, interviewed people of all walks of life, and on the Constitution. John lives in Northern Virginia with his wife and sons and is currently working on a book on leftist deplatforming methods and can be followed on Twitter at @crumpyss, on Facebook at realjohncrump, or at www.crumpy.com.

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Macofjack
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Macofjack

@Dusty Storm – You do know that do a background check now don’t you?

Wild Bill
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Wild Bill

This law would not even work, in my neck of the woods. If the “authorities” confiscated all ones firearms, and one really wanted to shoot someone, then a guy could just … stop at garage sales along the route.

Dusty Storm
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Dusty Storm

As it is now. But what if you couldn’t buy a gun without a background check? And the next school-shooter a-hole was in the system?

JohnBored
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JohnBored

All of the shooters in the last four mass shootings pass background checks

Dusty Storm
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Dusty Storm

Almost all multiple victim shooters, and a great many suicides and domestic murderers, leave a trail of warnings people close to them can see. Many warnings are conveyed to authorities without any sanctioned means of intervention of preventable tragedies. We mostly accept arrest warrants as an important facet of law enforcement, where ones literal freedom is interrupted by incarceration. Criminals are not usually present when arrest warrants are sworn out either. If we don’t accept GVROs, what other methods can we accept to prevent these tragedies?

tomcat
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tomcat

To put all the tough talk aside this is a serious problem that goes beyond our guns. It infringes on our personal freedoms and can wreck people’s lives because some moronic judge can order removal of your personal property without laying an eyeball on you. The only hope for this law to fail is for someone to challenge it, maybe all the way to SCOTUS. There and again, in this day and age you don’t know how they would rule.

Wild Bill
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Wild Bill

@tcat, and wacko legislators, and wack accusers, and wack prosecutors, as well. Hell, everyone in power seems to be ignoring the Constitution and Bill of Rights.

tomcat
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tomcat

@ Wild Bill I think I thought this through, when these “officials” get a little authority it goes directly to their head and they become even more hungry for more power. Like that Sneiderman from N.Y. he went after Trump and supported the “me too” movement and all the while he was forcing himself on women. At the same time he was thinking that he was the ruler and could expect to be able to do anything he wanted. It was good to see he got the wind taken out of his sails. By the way, using your horse feeder… Read more »

Bob
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Bob

Every moronic, stoned out pot smoking snowflake in the state will abuse this new law. As Ronald Reagan famously said, “The most terrifying words in the English language are: I’m from the government and I’m here to help”.

damon
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damon

@BRICK is 100% correct. American people of color in have extensive experience in these types of laws. The N.R.A. has been lacking in is supporr, and instanding up for american firearms owners who are imoacted by such measures. Their SILENCE, and INACTION in the deaths of Philando Castile, Tamir Rice, and John Crawford III shows their TRUE agenda, which is to only support a certain type of american, and not ALL americans ….

Todd Fowler
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Todd Fowler

This bill failed last night in Senate committee with a vote of 3 to 2. Yes Colorado is becoming more like California everyday and has been for years because the wackos keep moving here. Yes it smacks square in the face of our inalienable rights. So will you resort to the bullet box when the ballot box no longer works?

Macofjack
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Macofjack

@Todd Fowler – I think I can safely say no one wants a civil war, but if it comes to it you have to decide if you will stand for you constitutional rights or let the liberals take them away! Lock-Load-Pray!

RegT
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RegT

If local – or federal – law enforcement is willing to ignore the Constitution and BoR, to stack at your door and violate the 2nd and 4th Amendments with armed force – and the threat of killing you if you do not comply – then they should be willing to accept the consequences, including coming up short-handed the next time they attempt to do the same: “And how we burned in the camps later, thinking: What would things have been like if every Security operative, when he went out at night to make an arrest, had been uncertain whether he… Read more »

brick
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brick

Traitors and bigots! I’d bet you my left nut they all own guns and are immune to the bill. Yeah it’s unconstitutional in more ways than the second and fourth, but whats really going on here? When the governmet takes away the rights to free speech with the right to bear arms and the right to equal and fair representation, they will begin to falsely imprison anyone who speaks out. It’s very similar to early catholocism where anyone who spoke out against the church, (absolute authority) was put to death after a mock trial and without legal representation! So, when… Read more »

Freebird
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Freebird

Confiscation , based on only Hearsay by anyone , now brands gun owners as a ‘ Dangerous Threat ‘ at any time for any reason. Pennsylvania open carrier arrested , put on 3 day mental health hold based on alleged ‘ comments ‘.

https://www.nbcphiladelphia.com/news/local/Man-Toting-AR-15-Around-Abington-Taken-into-Custody-by-Police-for-Involuntary-Mental-Health-Evaluation–481768391.html

Macofjack
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Macofjack

The first time he state screws up, I hope the NRA and every other pro-2nd org goes in and makes CO sorry for the day this happened!

rich
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rich

Has CO. gone the way like CA.????????? sure looks like it Bad MOVE.

Macofjack
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Macofjack

@rich – Have you been asleep? CO has been going CA for a number of years!

Joe
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Joe

California is already a gigantic left wing freak show and Colorado is headed in that same direction! Keep your powder dry!

damon
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damon

WE ALL KNOW WHO THEY WILL TARGET FOR THIS AGENDA, IN THIS COUNTRY …

Mark r
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Mark r

Should be called the Judas law
Snitching on folks for no reason and allowing the law to show up and take their guns ,sounds a lot like Nazi Germany

Herman
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Herman

Sounds like bolshevik Russia to me

Thomas
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Thomas

Tese so-called (LAWS) are a liberals way of STEPPING ON OUR CONSTITUTIONAL RIGHTS and not being held to account for these egregious violations of a person’s RIGHT TO CONFRONT THEIR ACCUSOR, DUE PROCESS, ILLEGAL SEARCH AND SEIZURE AND I AM SURE I COULD FIND A DOZEN OTHER RIGHTS THEY ARE QUASHING AS WELL. This is extremely worrying due to several reasons none of the least being that it is very reminiscent of Germany as well as Russian secret police tactics and the K.G.B., meaning any person who has any issue with you can just pick up the phone and your… Read more »

Edward
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Edward

This law is completely unconstitutional, and the law makers that passed it are traitors to thier nation and are declaring war on the people. Execute them all like the commie dogs they are.

Clark Kent
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Clark Kent

Throttle down, amigo. No legislator is going to be executed. Grow up.