Red Flag Gun Bills Have Nothing To Do With Mental Health And Everyone Should Care

Earlier this year, during the 2018 legislative session, Colorado Republicans held a one seat majority in the state senate.  This was enough to stop a poorly written and heavily rushed Red Flag Bill from becoming law.  Unfortunately for those who support gun rights and due process, that single seat was lost in November’s election along with several others, and 2019’s legislative session is expected to be a fight – with a Red Flag Bill a top priority for lawmakers who are proving to be against the civil rights of the same citizens they were elected to represent.

Here’s a thorough breakdown of the last Red Flag Bill Coloradan’s faced, as well as details about the major issues within such legislation.

Colorado’s Red Flag Bill (HB18-1436) was heavily promoted through the media – both radio and TV- as a mental health bill, implying that it would help the mentally ill and get them treatment.  But when Sheriff Sprulock was asked on May 7, 2018 in a Senate committee meeting, “Does this bill address how to get those people that mental health treatment?”  Sheriff Sprulock answered, “No it doesn’t.”

The issuing of an Extreme Risk Protection Order (ERPO) begins with the petitioner making a phone call, at minimum, to the court to request an ERPO.  There is no verification or proof required for this phone call.  This call could come from someone claiming to be a “dating partner” or a “family member”.  Your bitter neighbor could claim to have had an affair with you.  There is no limitation to how long ago you dated or who the family member is, or even if they are in the state of Colorado.

Red Flag Bill Emergency Risk Protection Order ERPO Colorado Gun Confiscation Colorado Rally for our Rights

The court must issue a hearing by telephone or in person with the petitioner that same day or the following day.  The judge will hear a “preponderance of evidence” from the petitioner, and only the petitioner, with the goal to convince the fact finder that there is a greater than 50% chance that the claim is true.  This is comparable to a “he said – she said” argument, only the accused gun owner is not informed or allowed to contest the petitioner.  This is a Kangaroo court, and the gun owners’ damnation is absolute.  In the court hearing, evidence such as access to a firearm or purchased ammunition is enough to issue a temporary ERPO.

Once the temporary ERPO is issued, the gun owner is then declared a “dangerous person” and a good faith effort is made to issue the gun owner a statement that they can no longer be in possession of a firearm.  The gun owner must sell the firearms, transfer them to a Federal Firearms Licensed dealer, or hand them over to the police.  It is at this point the accused even learns such a case has been brought to the court. They must comply, no questions asked, or they may face death, as we recently saw in Maryland.

Red Flag Bill Emergency Risk Protection Order ERPO Colorado Gun Confiscation Colorado Rally for our Rights

Seven days after the temporary ERPO is issued the gun owner can have a court date where they are responsible to provide an attorney to defend themselves.  Because they have not been accused of a crime, they will NOT be read their Miranda Rights and an attorney will NOT be provided to them.  They must proceed pro-se or hire an attorney.

If this bill is for mental health, the Petitioner just cost the gun owner thousands of dollars in legal defense fees; funds which could have otherwise been spent on treatment.

This bill states that “clear and convincing evidence” is the requirement to issue a EPRO for 182 days. It also states that having any access to a firearm or the purchase of ammunition is clear and convincing evidence. Because the bill lists the purchase of ammunition as clear and convincing evidence, it has short changed the higher standard of evidence for one that is almost as low as the preponderance of evidence requirement.

Red Flag Bill Emergency Risk Protection Order ERPO Colorado Gun Confiscation Colorado Rally for our Rights

Then if found innocent of everything, you are not guaranteed to be removed from the NICS database and therefore cannot get your firearms back.  If you’re a resident of a city such as Boulder, where an “assault weapons” ban allowed a grandfathering period where you could get your firearms certified, if you did not certify your firearms, you will not be getting them back.

Red Flag Bill Emergency Risk Protection Order ERPO Colorado Gun Confiscation Colorado Rally for our Rights

Bottom line: If you are issued an ERPO, you will have to give up your firearms, you will have to provide your own legal defense at your cost, your name will go into the NICS database as being prohibited from having a firearm, all before you go to court to prove your case, and never once will actual mental health be a topic.

Don’t be fooled, this bill is a gun grab bill in the name of mental health, where gun owners must give up their property before due processes is given.

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Only Days Left For Boulder, CO Residents To Register Their Firearms

Rally for our Rights has been at the forefront of Boulder, Colorado’s so-called “assault weapons” ban since it’s inception. We attended city council meetings and organized messaging campaigns encouraging residents to contact their local government officials. We organized a street demonstration on April 21st, 2018 in protest to the proposed ban – an event which was attended by hundreds in the heart of Colorado’s most progressive city – even in the rain/snow.  There were threats of lawsuits against Boulder, one of which came to fruition less than 24 hours after the ordinance passed, and another quickly followed.  Despite these efforts, the Boulder elites who make up the city council voted unanimously on May 15th, 2018 to ban the sale and possession of many semi-automatic rifles, pistols, and shotguns as well as bump stocks and magazines holding more than 10 rounds.  This unconstitutional move did nothing to address actual crime, but instead criminalized and demonized the law abiding.

Only Days Left For Boulder, CO Residents To Register Their Firearms : Rally for our Rights

As part of this ban, residents who owned any of the prohibited firearms prior to the day the ban went into law (June 15th, 2018) can participate in the city’s “This-Is-Not-A-Registry” program and grandfather their guns with a certification.  The last day to certify a firearm is supposed to be December 31st, 2018, but Boulder Police have stated that due to the holidays, the last day will actually be December 27th.  The complete ban will officially take effect on January 1, 2019, at which point possession of a banned weapon without a certificate will be punishable by 90 days in jail and/or a $1,000 fine, and firearms will be confiscated and destroyed.

The certification process involves taking the firearm(s) being certified to the police department (unloaded and secured in vehicle) where they will be inspected.  You must have a valid photo ID and a new background check will be run. If the the background check comes back clear, two certificates per firearm will be issued. The cost is $20 for the first firearm and $5 for each additional firearm.

Boulder Colorado Firearms Registration Certification

Gun owners must then keep the certificate with the firearm at all times – forever – otherwise they’re a criminal. Lose this piece of paper? The firearm can be confiscated. Don’t comply? Criminal. Allegedly there are no copies of these certificates kept.

According to Boulder Police Department, they have certified 85 firearms so far.  Now, let’s make this clear – this is not 85 gun owners, this is 85 firearms.  Each prohibited firearm needs it’s own certificate. With the average gun owner possessing eight firearms, it is likely less than ten people have actually complied.  But this begs a question – if they aren’t keeping records, how do they know how many certificates have been issued?  According to them they are keeping a handwritten tally.  A handwritten tally of how many law abiding gun owners are certifying their firearms, because we know the people we should actually be concerned with aren’t certifying theirs.

Then we had to ask how many bump stocks or magazines above 10 rounds have been turned in?  You guessed it, ZERO.

Boulder’s ban includes:

1.) All semi-automatic center-fire rifles that have the ability to accept a detachable magazine and have a pistol grip, telescoping stock, or off hand stabilization feature.

2.) All semi-automatic center-fire pistols that have the ability to accept a detachable magazine other than in the pistol grip or has any other secondary stabilization feature.

3.) All semi-automatic shotguns that have the ability to accept a detachable magazine, or have a fixed magazine over 5 rounds, or have any secondary stabilization features.

Read the “assault weapons” ban ordinance in it’s entirety here.

And read the bump stock/magazine ban ordinance here.

What’s Next:

One of the most common questions we receive is how is this legal, and if it has been challenged in court.  It is not legal, and it is being challenged in court.  The day after the ordinance passed into law, Mountain States Legal Foundation filed a suit in federal court.  Not long after, the NRA filed a suit in state court.  The federal suit is on hold until the state suit is decided.

Colorado has a preemption law in its state constitution that clearly states what Boulder has done is not legal.

C.R.S. 29-11.7-103:

A local government may not enact an ordinance, regulation, or other law that prohibits the sale, purchase, or possession of a firearm that a person may lawfully sell, purchase, or possess under state or federal law. Any such ordinance, regulation, or other law enacted by a local government prior to March 18, 2003, is void and unenforceable.

Boulder is claiming because it is a home rule city, it is not beholden to the state constitution or state laws.  If this is the case, we have to wonder if more gun friendly home rule cities can claim the same, and exempt themselves from Colorado’s magazine limits and enhanced background checks.  Your move, Colorado courts.

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Actually, David Hogg…It’s Illegal To Use Tax Money To Fund Gun Control Research

On another episode of “Things Anyone Can Say On Twitter” gun control proponent, David Hogg, recently tweeted: “Congress ought to create a federal tax on gun sales to fund gun violence research.”

For someone who cares so much about laws, and creating new laws (even while current gun control laws are failing at the fault of the government), Hogg himself fails to understand there are currently laws in place that would make it illegal for tax money to be used to fund research into what he calls “gun violence”.

In fact, it is illegal for the arm of government responsible for researching risk and prevention, the Center For Disease Control, to use funding to advocate for or promote gun control.  This is due to 1996’s “Dickey Amendment“.  Most recently, in March, 2018, President Donald Trump addressed the Dickey Amendment in his $1.3 trillion spending agreement, but did not include a change in funding.  Instead it clarified that the CDC can conduct research into gun violence, but cannot use government appropriated funds to do so.

But this brings to question, what would the CDC find if they did unbiased research?  They might find that while gun crime is going down, public perception believes otherwise.

It’s Illegal To Use Tax Money To Fund Gun Research gun crime rally for our rights colorado

David Hogg rose to fame along with fellow classmates as they politicized the February, 2018 Parkland High School shooting and used it as a platform to call for stricter gun control under the guise of March For Our Lives – an organization that works under the umbrella of the Michael Bloomberg’s Everytown for Gun Safety.  Since it’s inception, some of Hogg’s classmates have left the movement citing a change of heart when actually talking with gun owners and gaining a better understanding of why they those choose to own firearms.

So, Mr. Hogg, before you continue asking for government to make more and more laws, I’d suggest you learn more about the ones that we currently have on the books.

Gun Grabber Goes Nuclear – Literally

Michael Bacca I Will Not Comply Boulder Colorado Eric Swalwell assault weapons ban second amendment

The American people have become accustomed to politicians often making uneducated statements, but Congressman Eric Swalwell takes the cake with his most recent tweet regarding resistance to gun confiscation.

Earlier this year, the congressman proposed banning and buying back weapons he would classify as “assault weapons” and criminally prosecuting those who would defy this law. He suggests that those refusing to comply with a blatantly unconstitutional law should be punished.

When confronted on Twitter by Joe Biggs, who pointed out that this law would result in war between the government and its people, Eric Swalwell escalated his rhetoric. He replied, “And it would be a short war my friend. The government has nukes. Too many of them. But they’re legit.”

When an elected representative suggests the government’s possession of nuclear weapons would quickly end opposition, patriots are motivated to buy a few hundred rounds of additional ammunition and perhaps even another AR-15.

His proposed law is both unconstitutional and tyrannical, as it would strip citizens of their right to self-defense. To prevent laws like this, the Second Amendment was included in our Bill of Rights. Our Founding Fathers knew that government officials would seek to consolidate power for themselves. The Second Amendment was not for hunting and it was not for sport. It was intended to protect its citizenry from a tyrannical government. Perhaps Swalwell has forgotten the oath he took to uphold this Constitution.

Let us never forget why ‘We the People’ have the right to keep and bear arms. Because when politicians push to remove our liberties and tyranny arises, US citizens burden the responsibility to defend our freedom.

Power-hungry politicians have steadily pushed for the disarming of American citizens since this country’s inception. However, lately this movement has gained attention and momentum. It’s up to patriotic individuals to join together, rally for our rights, and stand up to these politicians. I implore you all to take a more active role in your community. Join or create an activist group like Rally for our Rights, write your congressman, make your voice heard. Your fellow countrymen need you. Your liberty needs you.

God bless America,

Bacca