Virginia Gun Rights Rally Brings 22,000+ People, Guns, Energy – And No Violence

In an inspiring show of solidarity, tens of thousands of gun rights advocates from all walks of life attended a Second Amendment Rally in Richmond, Virginia today.

The rally was part of the Virginia Citizens Defense League’s annual lobby day.  This year it garnered national attention after anti-gun Democrats swept all branches of the legislature last November and promised to pass some of the most egregious gun control the state had ever seen.

Just last week three gun control bills passed the State Senate including expanded background checks to include private sales, one handgun purchase per month limit, and giving local control to the municipalities to prohibit firearms in permitted events or events that should be permitted.  Those bills will now move on to the House of Delegates where anti-gun lawmakers have a large majority.  Governor Ralph Northam has promised to sign the bills.  There are several other gun control measures that may still be introduced this session, including an assault weapons ban and a Red Flag bill.

Leading up to the event, Governor Northam banned firearms inside the capitol and Declared a State of Emergency due to what he was sure would turn to violence.  Potential attendees were being painted as white supremacists and even Nazis by the mainstream media and the gun grabbing groups.  There were whispers that Antifa would show up to disrupt the event and provoke violence.  Then there were suggestions that Antifa was coming to join in solidarity.

You seem to be confused. The Nazi’s are the ones who want to TAKE the guns. That would you be you, your ilk, and your government pawns. #IStandWithVirginia #VirginiaSTRONG #VirginiaRally #2A #SecondAmendmnt #GunRights #Virginia2A

— Rally For Our Rights (@RallyRights) January 20, 2020

As the event started, it quickly became apparent none of that was true as over 22,000 people, many openly carrying firearms, streamed into the city, surrounding the capitol that was enclosed by a fence.  If you wanted to get through the fence onto the capitol grounds, there was as long list of rules and prohibited items.  In the end, those who were armed stayed outside the fence and those who were not could proceed inside onto government grounds.

Check out this exchange between attendees…”United we stand…”

The MSM told you that the #VirginiaRally pro-2A rally in Virginia was really a “white supremacist” rally that would be drought with violence. I guarantee you won’t see this man on @MSNBC or on @CNN – when a black person carries legally they ignore them!pic.twitter.com/GkUsjsIOTy

— Chris Loesch (@ChrisLoesch) January 20, 2020

And as the mainstream media tried to paint the picture of this rally being Charlottesville 2, those on the ground set the record straight.  WATCH!

The hard to swallow truth for these anti-gun lawmakers in Virginia is that gun rights transcends traditional partisan politics and reaches into the hearts of millions.

The right to an armed defense is one of the most critical rights of all – regardless of sex, race, creed, class, sexual orientation, or age.  Gun rights are human rights.

But the real question is what will happen next. My hopes is this fired people up and they’re ready to take it out at the ballot box come 2020 elections. 

Enjoy these images from today’s event.

And we’ve got all your Virginia Second Amendment Rally 2020 merchandise!  Including unisex tees and hoodies, women’s fit tees, mugs and stickers.  All proceeds directly support the fight to defend your guns rights! 

Check it out here: www.rallyforourrights.com/store-4/virginia-2020

Virginia Second Amendment Rally shirts mugs stickers hoodies

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Hearing Recap: Red Flag ERPO Denied Against Colorado Police Officer Who Shot Petitioner’s Son

Red Flag ERPO Denied Against Police Officer Who Shot Petitioner's Son : Rally For Our Rights
Today I attended the Red Flag ERPO hearing of CSU Police Officer Phillip Morris. Susan Holmes is the woman who filed the petition requesting that Morris’ firearm rights be suspended and any firearms he owns be confiscated. Holmes claimed her and Morris have a child in common which would qualify her to file against him. They do not have a child in common based on what you’d think “child in common” means, but turns out there is no legal definition of that term and it can be argued many ways.

In 2017 Morris shot and killed Holmes’ 19 year old knife wielding son (11 1/2″ bayonet hunting knife). The shooting was deemed justified, and I have watched the bodycam footage and I do agree with that assessment.

Susan Holmes discovered a loophole in Colorado’s Red Flag ERPO law that allowed her to bypass the initial Temporary ERPO hearing. The way it’s supposed to work is a Temp hearing would be scheduled within 24 hours of her filing, where the judge would determine based on a preponderance of evidence if the facts on the petition were true or not, and he would either approve or deny the Temp ERPO order. Had Susan Holmes gone through this Temp hearing the case would have more than likely been denied based on her claim they had a child in common (but who knows). Turns out it doesn’t matter.  This law is so poorly written, if you think you will be denied at the Temp hearing because, say…you lied, you can just bypass it and go right to a full hearing forcing the person being ERPO’d to fight back or risk losing their firearm rights. It doesn’t matter how frivolous any of it is.

The Attorney General’s office sent two of their attorneys to represent Officer Morris, dismissing the attorney who had been appointed to him. I wonder if the AG would do the same for me if I was fraudulently ERPO’d? I won’t hold my breath.

Susan Holmes did not have any legal council with her at the hearing.

Larimer County Sheriff Justin Smith refused to serve the petition on Officer Morris calling it a fraud. It was a fraud, but would he also not serve me if I claimed an ERPO on me was a fraud?

The hearing began by the AG’s attorneys who were representing Officer Morris waiving service since the sheriff was refusing to serve Morris. This allowed the hearing to proceed.

Susan Holmes had filed a motion asking the judge to recuse himself based on his history of overseeing cases she was involved in. I’m still not clear what those cases were. The judge denied the motion.

Susan Holmes then stated “I do not recognize you as a judge or your ruling” and she accused him of judicial misconduct. Judge told her she could appeal his decision and/or file a formal misconduct complaint with the court.

Judge was actually really patient with her and thorough in everything he did. Kudos to him because even though this fraud makes a mockery of the court system, this is what happens when the legislature passes laws against the wishes of law enforcement who deal with the courts. You end up with laws that turn the court into a circus, and it’s the judges job to see that through no matter what, and this judge was going to do just that.

Holmes was then given the opportunity to present evidence and call witnesses to make her case for the removal of Morris’s firearm rights and the confiscation of his guns. She refused based on the fact she wouldn’t recognize the judge.

Judge turned to Morris’ attorneys from the AG’s office and invited them to present evidence and call witnesses. They began by stating this should have first gone through a Temporary ERPO hearing. Judge stopped them and said no, because that wasn’t the way the petition was filed. This is a permanent hearing. They then begin to argue that there is no standing for Holmes to file the petition because they do not have a “child in common” (although attorney was stumbling over the definition because there really isn’t one). A sworn affidavit from Morris was filed stating he does not have a child with this woman.

Holmes was given the opportunity to respond and make her case for what she believes “child in common” means. Judge asked: “Do you want to address if you have a child in common?” Holmes: “I don’t recognize you as a judge.”

The judge regularly had to read right from the ERPO law to try to make sense of what he was supposed to do.

Judge ruled he cannot find by clear and convincing evidence that they do have a child in common, mainly because Holmes won’t present evidence, so the ERPO was being denied based on her not having standing to file. Holmes can appeal and get a different judge. Holmes last statement was that she was appalled that the AG had stepped in. I was a little bit too. The AG called people like me who said this law could be abused “paranoid” and didn’t care if we were collateral damage.

Holmes started demanding an amendment be added to the ERPO that allows citizens to directly ERPO law enforcement.

I told media this makes it obvious how easily ERPOs can be used maliciously, and if these were average citizens and not a police officer in a high profile case, would the sheriff refuse to serve the petition and would the AG come to the defense? Absolutely not. We’d be on our own – defenseless.

Colorado’s Red Flag ERPO law had been in effect for 9 days when Holmes filed, and this is the 5th ERPO in the state. This is going to be a bumpy ride.

To learn more about Colorado’s Red Flag Law, obtain attorney resources, and/or report if you’re Red Flagged, visit www.redflagresourcecenter.com.

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BREAKING: Colorado Mother Who ERPO Red Flagged Cop Who Shot Her Son Posted Her Petition Filing On YouTube

BREAKING: Colorado Mother Who ERPO Red Flagged Cop Who Shot Her Son Posted Her Petition Filing On YouTube

This article has been updated to reflect that the Temporary ERPO may not have been granted, but it was not denied and the case has moved forward to a permanent hearing.  The judge has signed off on the request for the respondent’s counsel among other things.

This sounds like it should be an Onion article, but sadly it is not.  This is the reality of how easily abused Colorado’s Red Flag ERPO law has already been in the 14 days since it became law.

On January 9, 2020 a petition was filed by Susan Holmes against Phillip Morris.  The petition states that the two have a child in common (a factor that would make Susan a qualifying person to file the ERPO under the law’s broad definition of “family or household member”).  If she was not one of the people that fall into the nine categories of “family member”, she would have had to go to law enforcement to request they file on her behalf.

There is a complex history between a Susan Holmes and Phillip Morris in Fort Collins.  Phillip Morris is a CSU Police Officer who shot and killed Susan Holmes’ knife wielding son in 2017 and there is no evidence the two have ever had a child in common, as it appears they did not know each other prior to the 2017 incident described below.  It is also highly unlikely they have had a child since the incident given the nature of their relationship.  The petition cites “ongoing violence and aggression from 2013-2017” as evidence that Morris is a danger to himself or others and an ERPO is needed to ensure he is stripped of any firearms he may own or have access to.  It also states there is an ongoing lawsuit.  It should be noted 2013 is when Morris was hired by CSU Police.

The ERPO was moved forward by 8th Judicial District Chief Judge Stephen Howard.  He signed the request for appointed counsel for the respondent among other things.  A Permanent ERPO hearing will take place on January 16, 2020

You can read the entire story here.

What is even more shocking is that Susan Holmes actually posted her filing of the petition and a very long rant on YouTube!  She finishes off her ten minute video with “And this is why Colorado citizens should be allowed to file E.R.P.O.’s.”

Watch:

To learn more about Colorado’s Red Flag Law, obtain attorney resources, and/or report if you’re Red Flagged, visit www.redflagresourcecenter.com.

 

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Cop ERPO Red Flagged By Mother of Man He Killed In 2017 Colorado Police Shooting; Mother Claims They Have Child Together

Cop ERPO Red Flagged By Mother of Man He Killed In 2017 Colorado Police Shooting; Mother Claims They Have Child Together : Rally for our Rights


This article has been updated to reflect that the Temporary ERPO may not have been granted, but it was not denied and the case has moved forward to a permanent hearing.  The judge has signed off on the request for the respondent’s appointed counsel among other things.

Colorado’s Red Flag ERPO law went into effect January 1, 2020 and we’re already finding alarming cases that deserve attention.  A brand new Red Flag ERPO case out of Fort Collins, Colorado sheds light on exactly how easily this new law can and will be abused.

Here’s what we know:

On January 9, 2020 a petition was filed by Susan Holmes against a Phillip Morris.  The petition states that the two have a child in common (a factor that would make Susan a qualifying person to file the ERPO under the law’s broad definition of “family or household member”).  If she was not one of the people that fall into the nine categories of “family member”, she would have had to go to law enforcement to request they file on her behalf.

There is a complex history between a Susan Holmes and Phillip Morris in Fort Collins.  Phillip Morris is a CSU Police Officer who shot and killed Susan Holmes’ knife wielding son in 2017 and there is no evidence the two have ever had a child in common, as it appears they did not know each other prior to the 2017 incident described below.  It is also highly unlikely they have had a child since the incident given the nature of their relationship.  The petition cites “ongoing violence and aggression from 2013-2017” as evidence that Morris is a danger to himself or others and an ERPO is needed to ensure he is stripped of any firearms he may own or have access to.  It also states there is an ongoing lawsuit.  It should be noted 2013 is when Morris was hired by CSU Police.

The ERPO was moved forward by 8th Judicial District Chief Judge Stephen Howard.  He signed the request for appointed counsel among other things.  A Permanent ERPO hearing will take place on January 16, 2020

It is unclear if Morris has surrendered his weapons, was entered in the NICS and CBI databases, and is off duty, as would be required by the law if a temporary ERPO was granted.

There is a long history between Holmes and Morris, and it’s a complicated one.  

On July 1, 2017 Susan Holmes contacted police after her son, 19 year old Jeremy Holmes, left her home carrying an 11.25 inch bayonet knife and was talking about killing his brother who lived on the CSU campus.  Susan first attempted to contact the brother and his wife but was unsuccessful, so she turned to law enforcement.  During the call with police, Susan explained that her son was mentally ill.

CSU Police Officer Phillip Morris was the responding officer.

According to the Larimer County District Attorney and body camera footage, after Morris made contact, Jeremy Holmes began brandishing the knife.  Morris can be heard instructing Holmes to drop his knife, even as Holmes continued to walk toward him, forcing the police officer to back up more than 100 feet in about two minutes.  Morris told Holmes to drop the knife 36 times. In the video Holmes can be heard saying “kill me now” three times.

At this point, back-up Officer Erin Mast arrived and drew her weapon, also demanding that Holmes drop the knife.  As Morris reached to holster his gun and grab his Taser, Holmes charged toward him with the knife.  Mast shot Holmes twice, and Morris shot him four times.

Since the incident, Susan Holmes, mother of the deceased, has filed a civil lawsuit against CSU claiming lack of transparency surrounding the details of her son’s death, has run for city council, and campaigns to the point of instigation to change police practices that she believes led to the incident.

Now it appears she is asking to have Officer Phillip Morris’ weapons seized for at least 364 days, which is what would happen if the Permanent ERPO is granted.  Morris would have one opportunity to request the court lift the order during those 364 days, and at that time Susan Holmes would be alerted and have the opportunity to ask the judge to deny Morris’ request.  When the 364 days is up, again, before the order is lifted, Susan Holmes would be alerted and able to request the ERPO be put into place for another year.

And we must revisit the question that was brought up in the beginning – do these two really have a child together?  Is it really that easy for just anyone to file an ERPO petition?

We will be watching the permanent order closely and will provide an update.  More information can be found via a quick Larimer County Court Docket search.

37 counties across Colorado have declared Second Amendment Sanctuary status, but although Larimer County Sheriff Justin Smith has been an outspoken critic of the new Red Flag ERPO law, Larimer County, where Fort Collins is located, isn’t one of them.  That said, even if they had declared 2A Sanctuary Status, that wouldn’t stop the orders from going through the court, nor would it stop enforcement actions within city limits unless the municipality has declared themselves a 2A Sanctuary city.  Fort Collins has not done that.

Links to sources and bodycam footage are provided throughout the article so people can draw their own opinions about the police shooting. This article is about the potentially malicious use of an ERPO.

UPDATE:  Susan Holmes has posted video of her petition on YouTube!  WATCH:

To learn more about Colorado’s Red Flag Law, obtain attorney resources, and/or report if you’re Red Flagged, visit www.redflagresourcecenter.com.

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What We Know About Colorado’s First Red Flag ERPO Case

What We Know About Colorado's First Red Flag ERPO Case : Rally for our Rights

Colorado’s Red Flag Extreme Risk Protection Orders ERPO law just went into effect on January 1, 2020.  Today the news broke to the public that the first case had been successfully filed and granted.  Sadly, it’s not unlikely the person being ERPO’d also heard about the ERPO against them for the first time on the local news along with the public.  That is because the person being accused is not awarded the opportunity to defend themselves at the first hearing, nor are they even aware of it.

Here’s what we know about this unique first case:

  • Police made contact with a 26 year old man at a SW Denver gas station on December 29. 2019.  PD allege he had a cut over his eye, and during a pat down search they discovered he had a loaded 9mm Glock in his waistband.
  • The man said the cut was from falling down and the gun was because he wanted to “off himself” after an argument with his wife and her sister. PD also allege he was visibly intoxicated.
  • The man later told PD that the cut was actually from his wife, who had hit him in the face with a bottle.
  • PD took the man in on a mental health hold due to his suicidal statement.
  • The firearm was seized and logged into Denver Police Property.
  • When PD spoke with the wife, she was also visibly intoxicated and admitted to throwing the bottle at her husband.  She was booked on 2nd degree assault charges. Her story later changed and she claimed her husband has perpetrated the abuse and that he had pointed his gun at her while making threats.
  • At the request of PD, the man voluntarily surrendered another firearm while the domestic violence investigation took place. That firearm was a .45 caliber Springfield.
  • It is also alleged the man told police it was a “good thing they stopped him because he was contemplating doing something bad”.
  • On January 2, 2020, the Denver District Attorney’s Office declined formal charges on both parties in regards to the domestic violence allegations.

This is where the ERPO comes in:

Because no domestic violence charges were filed, the firearms needed to be returned to the owner.  Instead of returning the firearms, the police officer chose to request to continue to hold them through an Extreme Risk Protection Order ERPO citing that the individual may still be suicidal.

So, now we have a potentially suicidal individual, who may or may not also be a victim of domestic violence (or perpetrator), and the police feel they have “done something” by withholding firearms –while leaving the person in crisis with many other tools.  Possibly two people in crisis.  

Considering this man voluntarily gave up his guns prior to the ERPO and allegedly told the police officer that he was worried he would have harmed himself if he had not, a private solution would be a great option.  Imagine if this police officer visited suicide prevention organization Hold My Guns (www.holdmyguns.org) and helped arrange a FFL who would store his firearms until he felt he was in a better place. No courts, no judges, no rights being infringed – just help and compassion.

What will happen now?

On January 16, 2020 the man will go to court where he will have an opportunity to defend himself and request his firearms be returned.  The police officer who filed the ERPO petition will also be there to present his case, or he could submit sworn affidavits if unable to attend in person.  At that hearing, the judge will make a decision whether or not the accusations are true.  This decision will be based on clear and convincing evidence, whereas at the first hearing the decision was based on a preponderance of evidence (meaning one side had more convincing evidence, even though only one side was present).

The man who has been ERPO’d can either retain a private attorney, represent himself, or request the court appoint one. Because this is a civil, not criminal, proceeding, public defenders are not used, but instead attorneys who have volunteered to work these cases for state pay will be called upon.

At the January 16 hearing, the order will either be dismissed or made permanent.  If made permanent it will go into effect for 364 days.  The person who has been ERPO’d will have one opportunity to ask the courts to lift it during that time.  If he was to make that request, the police officer would be alerted and could ask it remain in place.  At the end of the 364 days the police officer will also be alerted that it is going to expire and could request the ERPO be renewed for another year.

To learn more about Colorado’s Red Flag law, get attorney resources, and more visit www.redflagresourcecenter.com.

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Red Flag Law Now In Effect In Colorado, Here’s What You Need To Know

Red Flag Resource Center Colorado ERPO Extreme Risk Protection Order
On January 1, 2020 Colorado’s Red Flag Extreme Risk Protection Orders ERPO law officially went into effect.  This means Red Flag ERPO petitions will start making their way into the courts and orders will be coming out, landing in the hands of law enforcement who will then be responsible for serving them and confiscating firearmsor not.

There is a lot to learn about this downright dangerous and unconstitutional law.  The Red Flag Resource Center will be your absolute best resource. Bookmark this site. Share it with your friends and family.  This effort is a collaboration between Rally for our Rights, civil rights activists, and legal experts.  It has all the information you could need about the law, what to do if you’re Red Flagged, along with attorney resources.  They will also be tracking ERPO’s and providing transparency to the public.

Here’s what you need to know if you are Red Flagged:

  • These are civil cases, not criminal.  You have not been charged with a crime. The first court hearing has already taken place without you.  This hearing included the petitioner and a judge.  If you are receiving the ERPO order, the judge granted it based on the accusations provided by the petitioner.
  • Law enforcement will come to your home or place of employment to serve the order.
  • The law enforcement agency who will serve the order and seize the firearms will be your local municipal agency if you reside inside city limits, or your sheriffs office if in unincorporated county.
  • They will have a TEMPORARY Red Flag ERPO order.  This order will have a future court date where the ERPO will either be made permanent or will be dismissed.  This court date must be within 14 days of the initial hearing, but it can be less.
  • They may or may not have a search warrant.
  • Law enforcement may assess you for a mental health hold.
  • They may or may not request to take your firearms and/or CCW permit.
  • If they do not have a search warrant, and do not request to take your firearms, they will provide instructions as to how you can surrender them yourself.  Law enforcement agencies are supposed to provide storage but many have said they will not store firearms and/or do not have the space to store firearms.
  • If you do not surrender your firearms, it is a Class 2 misdemeanor.
  • When the temporary order is granted, you are put into the NICS and CBI databases as a prohibited buyer.

Since the introduction of this bill in the state legislature, there has been debate about who can actually file a petition.  The proponents have said it has to be a family member or law enforcement.  We have long stood by our words that the definition of “family member” in the bill language is broad enough to include spouses and ex-spouses, former and current roommates, anyone you’ve dated, grandparents and grandchildren, and so on.  When the court finalized the petition and put it on the Colorado Judicial website, everything we’ve said this whole time was vindicated.  The images below are of the actual petition.  This is all that needs filed.  There is no filing fee.  You can find all the court forms related to ERPO’s here.

If you or someone you know is Red Flagged, the Red Flag Resource Center wants to know. Red Flag Resource Center Colorado ERPO Extreme Risk Protection Order Red Flag Resource Center Colorado ERPO Extreme Risk Protection Order Red Flag Resource Center Colorado ERPO Extreme Risk Protection Order Red Flag Resource Center Colorado ERPO Extreme Risk Protection Order Red Flag Resource Center Colorado ERPO Extreme Risk Protection Order

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If you or someone you know is Red Flagged, the Red Flag Resource Center wants to know. 

 

Here’s How Colorado Red Flag Orders Will Go Down According To Newly Released Best Practices

Colorado’s Newest Red Flag ERPO Bill Is Worse Than You Think : Rally for our Rights Colorado

Colorado’s “Red Flag” ERPO law will go into effect January 1, 2020.  Leading up to this, the Colorado Attorney General’s office is responsible for developing law enforcement “best practices” via their POST (Peace Officer Standards and Training) Board.  Those were just released this week and we’ve included the full text below.  It should be noted that Colorado Attorney General Phil Weiser admitted during the debate of this legislation that there will be false claims, lack of due process, and collateral damage.

It’s important to note if the person being Red Flagged lives within city limits, it is the responsibility of the CITY police department to do this. If the person is in unincorporated county, it is the responsibility of the COUNTY Sheriff’s Office.  This mean 246 different agencies across Colorado will have to figure out how to abide by these guidelines as well as find firearm storage space for confiscated weapons.

There is a very glaring piece missing from these best practices: what to do if someone refuses to comply.  Some agencies, such as the Weld County Sheriff’s office and the El Paso County Sheriff’s office have already stated they will not take surrendered firearms or provide storage for them, but they will deliver the order so the person being accused can have the due process they deserve – and they wouldn’t have otherwise since the accused doesn’t know they have been Red Flagged until law enforcement is at their door.

Other agencies such as Douglas County Sheriff’s office have stated they will make sure every Red Flag ERPO order is accompanied with a search warrant, no matter who the petitioner is.   Sounds like he’s ready for some legalized SWATTING in the name of his deputy who was killed doing the exact same thing he will soon be asking the rest of his deputies to do on potentially innocent people.

If you’re not familiar with how this law works, click here to read up on it.  It’s downright frightening.

ERPO Model Policy: Acceptance, Storage, and Return of Firearms
CRS 13-14.5-101
Deputy Zackari Parrish III Violence Protection Act

Download the PDF here: ERPO Weapon Seizure Policy

I. Purpose:

To provide direction and guidelines for the proper handling and storage of firearms that are surrendered, or seized as a result of an Extreme Risk Protection Order. This policy will also deal with the proper procedure to follow for the return, or disposal of firearms after resolution of the ERPO has been achieved.

II. Scope:

This policy is available for use to all law enforcement agencies in The State of Colorado.

III. Policy:

Colorado Courts may order, pursuant to CRS 13-405.5-101, the surrender, or seizure of firearms. Officers will comply with all applicable Colorado Revised Statutes in regards to the acceptance, storage, and return of all firearms.

IV. Definitions:

A. Respondent- the person who is the subject of the Extreme Risk Protection Order.

B. Extreme Risk Protection Order- Known in this document also as an ERPO. Either a temporary, or continuing order granted pursuant to CRS 13-14.5-101.

C. Firearm- Any handgun, automatic, revolver, pistol, rifle, shotgun, or other instrument or device capable of discharging bullets, cartridges, or other explosive charges.

D. Antique firearm/Relic- any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898.

E. Federal Firearms Dealer- A Federal Firearms Dealer is a person licensed in the United States, that enables an individual or company engaged in a business pertaining to the manufacture or importation of firearms and ammunition, or the interstate and intrastate sale of firearms.

V. Acceptance of a Firearm:

There are two methods by which you will be in the position to accept weapons based on the issuance of the temporary ERPO. They are by voluntary surrender by the respondent, as directed in the language of the temporary ERPO, or seizure by you, or your agency, during a lawful search pursuant search warrant, plain view search, or consent.

A. Voluntary Firearm surrender – According to orders set by the court in the temporary ERPO, the respondent has 24 hours to surrender all firearm(s) listed in the court order, or in their control or possession. The order will require surrender of the firearm(s) to law enforcement, or a federal firearms dealer for transfer, storage, or sale. They may also be transferred to a family member, if firearm is classified as an antique, or relic.

If the firearms are surrendered to law enforcement, you will give the option to the respondent of where they want the firearm(s) to go. The options allow for a transfer to a federal firearms dealer for storage or sale, or storage with law enforcement. Be advised, this law does not require a federal firearms dealer to accept the firearm, they have the option to refuse. If the respondent indicates no preference, officers will take custody of the firearm for storage at a secure law enforcement facility. If applicable, and set forth in the temporary order, you will also take custody the respondent’s concealed carry permit. You will be required to issue a property receipt accounting for every firearm surrendered to you, and the concealed carry permit, if applicable. You will issue a copy of the inventory of items seized to the respondent prior to termination of the contact. Additionally, you must ensure the original copy of the receipt is filed with the courts, and a copy is retained with your original report. The original receipt for the firearm(s) that have been surrendered must be submitted to the court within 72 hours.

If the firearm in question is an antique, or relic, you may give that firearm to a relative if: the relative does not live with the respondent, and you have verified through a criminal records check, CBI InstaCheck, that the relative is legally allowed to be in possession of a firearm. You must still complete a property receipt for the transfer from storing the firearm until relinquished to the relative. The relative retains a copy of the receipt, the original goes to the court within 72 hours, and a copy submitted with your report.

Once the firearm is in your possession, and proper documentation has been completed, the weapon will be secured, packaged, and stored in accordance with your agency’s existing policies regarding firearm storage, and in accordance with section IV of this policy. The ammunition and any magazines associated with the surrendered firearm(s) will not be taken.

B. Firearm Seizure – If you as the law enforcement officer are the petitioner, and a temporary ERPO is issued, the process begins with
the issuance of the order. Along with the search warrant obtained at the ERPO hearing, you serve the order to the respondent.

After the respondent has been properly served with the ERPO, you shall take custody of the respondent’s firearm(s) pursuant to the previously obtained search warrant, or other lawful search (plain view).

If applicable, and named in the warrant, you will also seize the respondent’s concealed carry permit.

Similar to the voluntary surrender, once you have seized all of the firearms in question, either seized through a lawful search, or in plain view, the respondent will have the option of the disposition of their firearms. They may choose transfer to a federal firearms dealer, or police custody. If they offer no preference the firearms will remain in police custody.

Also, just as with the voluntary surrender of firearm(s), upon completion of your search, a receipt shall be issued to the respondent articulating all items seized. The original will be filed with the court, and a copy filed with your original report. The original to court needs to be submitted within 72 hours.

If after the firearms are in the possession of your agency, another party claims verifiable title to the firearms, the firearms will be released to him or her. You must also confirm that party is eligible to be in possession of firearm(s), via a CBI InstaCheck. This transaction must also be documented, and notification made to the court.

As with the surrendering of weapons, when you are seizing the weapons by order or warrant, you will not seize any ammunition or magazines associated with the firearm(s).

VI. Storage of Firearms

Once the firearms are in the control and care of your agency, they will be stored, and maintained in a substantially similar condition that the firearm was in when it was surrendered. If the respondent makes no choice of the firearm’s disposition, your agency will store the firearm in a similar manner as if surrendered. You will follow your agency’s policy for safe and secure storage of a firearm i.e. unloaded, open action or cylinder secured by lock, or strap. If the respondent opts for the storage of the weapon(s) with a registered Federal Firearms Dealer, your agency will contact a dealer requesting storage on the respondent’s behalf, and assist to facilitate the transfer.


VII. Return of Firearms

If the ERPO or temporary ERPO is terminated, or expires without renewal, your agency, or agency in possession of the respondent’s firearm(s), have no more than three days to return the firearm(s) in your possession to the respondent. The three day window for the return of the firearm(s) will begin upon the completion of an InstaCheck by the Colorado Bureau of Investigation. Your agency will be notified of the termination of the order by the court. You will then, via a CCIC notification, request the InstaCheck be completed by Colorado Bureau of Investigation. CBI in turn will notify you, again via CCIC, of the status of the respondent.

If the firearm(s) are in the care and custody of a Federal Firearms Dealer, they too have the same window of three days to return the firearm(s) to the respondent. The three day window for the return of  the firearm(s) will begin upon the completion of a an InstaCheck by the Colorado Bureau of Investigation.

If the firearm(s) was/were classified as an antique or relic, and transferred to the care and control of a relative, they are also required to return care and custody of the firearm(s) in no more than three days to the respondent. The three day window for the return of the firearm(s) will begin upon the completion of the InstaCheck by the Colorado Bureau of Investigation.

If applicable, the respondent’s concealed carry permit will be returned at the same time as the firearm(s).

Any firearm(s) surrendered by the respondent, or taken into custody by a lawful order, that remains unclaimed by the respondent, or lawful owner for at least one year from the date the temporary ERPO, or ERPO expired, whichever is later, becomes property of your agency. The firearm(s) will then be disposed of in accordance with your agency’s policy and procedure for disposal of firearms in police custody.

Full documentation of the disposition of the firearm(s) needs to be submitted to the respondent, to the courts, and in your case disposition report.

 

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California: 21 Shot, 11 Fatally, and 1 School Bomb Attempt During Week of Widespread Violence

The state with the most strict gun control in the nation, California, is giving Chicago a run for their money.  In the past seven days, they have seen three horrific shootings taking 11 lives and injuring 21 as well as a school bombing attempt that was foiled by the groundskeeper.

On Thursday, Nov 14, 2019 a 16 year old boy used a .45 semi-automatic handgun to open fire at his Santa Clarita, CA high school.  He murdered two students and wounded three others before taking his own life. The shooter’s father had died in 2016 and had a history of domestic violence in the home prior to his death.  It has been reported that at one time law enforcement legally confiscated six firearms from the father based on their ability to track the serial numbers to him through California’s “this-is-not-a-registry” program.  It is now being reported that the firearm used in the school shooting was a privately manufactured firearm that did not have a serial number. It is not known where he obtained it.

Another horrific incident took place in San Diego, CA on Saturday, Nov 16, 2019.  During this massacre, a father used a handgun to kill his wife, three of their children, and then himself.  Another child survived and was last reported to be in critical condition. In this tragic incident, the mother had filed for a restraining order just days before but it is unclear if it was ever served, although a restraining order is nothing more than a piece of paper.

Only one day later in Fresno, CA on Sunday, Nov 17, 2019 a family was gathered in a backyard watching a football game when two unknown suspects entered the yard through the back fence and opened fire in to the group.  Four people were killed and six others wounded.  It is reported that the family was part of the Hmong community, and possibly the attack was related to a violent Hmong gang.  The perpetrators are still at large.

To finish off the violent week, on Wednesday, Nov 20, 2019 a homemade bomb was found and defused at a San Jose, CA high school.  A groundskeeper found the device in the bushes right next to the school.  The school was placed in lockdown, administrative offices were evacuated, and a bomb squad was called in.  After some time the bomb was rendered safe and evacuations of the entire campus began.  Bomb dogs were brought in and area was cleared.  There are no suspects at this time.

Wow, what a terrible week for a state who continues to add more gun control laws on top of more gun control laws.  A state that has had a “Red Flag” law in place since 2014 and just recently passed legislation making that particular law so extreme even the ACLU opposed it.  In fact, California just added seven new anti-gun laws to their already extensive roster.

These atrocities are not supposed to happen in California.  They have “the laws”, ya know!  

As expected, national gun control advocates are already screaming for an assault weapons ban and expanded background checks because of the incidents I listed above.  Never mind California requires background checks on everything right down to ammo.  And each of these incidents used handguns, not so-called “assault weapons”, well, except for the homemade bomb.

Although honestly, I think this week of violence tells a much more important story, one that gun rights activists such as myself have been trying to help people understand.  Until we get to the root of the violence, it will not stop.  

And it’s even bigger than that.  Lawmakers need to stop grouping together violent crimes under the umbrella of “gun violence” or “mass shootings”.  It does a disservice to the victims.  It derails meaningful conversation and real solution seeking.

Let’s look at school shootings for example.  When will we start asking the hard questions about what is happening in schools that makes these children want to execute their classmates and teachers?  Why have suicide rates among children, teens, and young adults skyrocketed?  Why are our children choosing death?  These are questions those seeking gun control don’t ask.  They can’t, because it distracts from their heartless goal of disarming citizens.  When I talk with gun grabbers or law makers pushing for more gun control, I often start with the premise that we all agree on the problem, and I mean that.  The problem: school shootings are horrific and heartbreaking and we want to see them end.  We just disagree on the solutions.  The fact that we now have to worry about homemade bombs showing up at schools is a example of why it’s so critical we get to the root cause rather than simply making laws requiring the locking up of guns (which hasn’t stopped school shooters in the past) or making Red Flag laws that clearly have done nothing to prevent tragedy in California.

What about domestic violence?  The motives behind domestic violence murder and murder-suicide are extremely different than school shootings, or public mass shootings, or gang or drug related shootings.  Once again, grouping them in some ambiguous term called “gun violence” and assuming just another gun control law will help is downright dangerous.  Domestic violence is incredibly tricky because the victims are often afraid to leave, and when they do, they are sometimes in extreme danger.  This is why many victims have chosen firearm ownership and training when deciding to leave.  But it also poses yet another potential dangerous aspect to poorly written Red Flag laws because domestic violence perpetrators can actually use these laws to disarm their victims.

As for gang related shootings, tackling this epidemic is troubling as these people thrive on crime. No law will stop them. And again the solution to gang violence is very different than the solution to school shootings or domestic violence.

So, let’s start talking about solutions.  What do you think the solutions are?  Leave them in the comments. 

 

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Debunking CBS “60 Minutes” Segment On Colorado’s Red Flag ERPO Law

It seems a day doesn’t go by that we’re not debunking more lies and half truths coming from the mainstream media.  The latest is a 60 Minutes segment that aired Sunday.  This segment titled “A look at Red Flag laws and the battle over one in Colorado” is chock full of inaccurate facts, omissions, and misinformation.  We go over those below.

To watch the full segment, you will have to visit the CBS website and view it there.  It is 14 minutes long and free to watch.

You can watch a quick preview of the segment here:

Our take:

1.) There have not been 366 mass shootings this year (learn more: www.rallyforourrights.com/we-are-being-lied-to-about-mass-shootings-again)

2.) California passed their Red Flag law in 2014, not 2016.  Now this is a minor discrepancy, but something 60 Minutes absolutely should have gotten correct.  If they are going to flub on such a simple fact, what else will they get wrong?  Do they not know how to use Google?

3.) Connecticut had a Red Flag law in place when Sandy Hook happened. Theirs was enacted in 1999. Sandy Hook happened in 2012 and was NOT the catalyst to write the law as the segment implies.

4.) Law enforcement is not the only entity who can petition the courts. Spouses, ex-spouses, roommates, former roommates, any relative or step-relative, a Tinder date gone wrong, or someone you had an affair with are all also people who can petition the courts for a Red Flag ERPO.   If you don’t fall in to the insanely broad range of people the law defines as “family members”, you can then simply go to a law enforcement officer and have them file the petition for you.

5.) The temporary orders are granted based on a preponderance of evidence – even when law enforcement files the petition.  Preponderance quite literally means the more convincing evidence, yet the person being accused is not present at the hearing and doesn’t know it’s taking place, therefore cannot present any evidence at all.  The accuser will ALWAYS present the more convincing evidence. How will any of these ever be denied?

5.) It’s despicable how Sheriff Tony Spurlock said “this is a tool to take away guns” then turns around and says “this isn’t about taking away guns, it’s about getting people the help they need” when there is absolutely NO mental health component to the Colorado law.

6.) Watching the Zackari Parrish footage has us wondering how that is any different than serving a Red Flag warrant? How would the outcome change? Also, if they just left him alone that night, what would have happened? Why did Spurlock send his deputies into what he knew could be a gun fight with soft body armor?

7.) Sheriff Steve Reams was thoughtful, reasonable and great in pointing out that we need to be helping people, not simply removing the tool that could do harm. We are thankful for him.

8.) They omit the fact that more than 50 of Colorado’s 64 sheriffs oppose the law as written, as does the Denver Police Union and the Aurora Police Union.

Learn all about Colorado’s Red Flag law here.

 

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Colorado Gun Control Has Been A Complete Failure In Reducing Violent Crime

In 2013 anti-gun elected officials in the Colorado legislature passed a package of gun control bills with the promise it would bring down violent crime and save the state from what they claimed was certain catastrophe. We knew at the time they were lying, and the most recent FBI data shows those laws have been a complete failure to help reduce violent crime. In fact, violent crime has been on a steady rise ever since the laws were enacted, reversing a downward trend.

Here’s what went into law July 1, 2013:

HB13-1229: Expanded Background Checks

This law expands the federal background check requirement to include private sales and adds a mental health component.

Under the new law, before any person who is not a licensed gun dealer transfers possession of a firearm, he or she must arrange for a licensed dealer to obtain the required background check. In obtaining the background check, the dealer must follow all procedures that it would follow were it transferring the firearm in a retail transaction, including recording the transfer, retaining the records, and complying with all state and federal laws.

The law also requires the reporting by the courts of persons to the NICS and CBI database who are (1) found to be incapacitated, (2) committed to a behavioral health treatment program (e.g., for substance abuse), or (3) involuntarily certified for short-term or long-term treatment and care for mental illness.

HB13-1224: Large Capacity Magazine Ban

This law prohibits the sale, transfer, or possession of large-capacity ammunition magazines or feeding devices, which includes fixed or detachable magazines that can hold more than 15 rounds of ammunition among other things such as shotgun shell limits.  A through description of the ban can be found here.

HB13-1228: Background Check Fees

This law directs the Bureau to impose a fee for performing an instant criminal background check pursuant to state law. The fee amount cannot exceed the total amount of direct and indirect costs the Bureau incurs in performing the check.

The bills were signed into law by then Governor, John Hickenlooper.  Hickenlooper is currently running for senate against sitting Senator Cory Gardner who is up for reelection in 2020.  Hickenlooper has even gone as far as to praise the laws and the impact they have had on the state of Colorado.  I have no idea what he is praising.  The new laws also spurred the 2013 successful recall of State Senator Angela Giron and then Senate President John Morse.  Another recall attempt resulted in the resignation of former State Senator Evie Hudak.  The resignation was a strategic move by the Colorado Democrat Party to prevent losing a third senate seat.

But have these laws impacted violence in Colorado?  Our research team scoured the most recent FBI crime reporting data to get a better picture. The results were stunning.  Not only has crime not decreased as was promised, it’s increased – and drastically.  The following charts were put together based on the data provided by the FBI.

 

This first graph is violent crime which includes murder and non-negligent manslaughter, rape, robbery, and aggravated assault.

 

These following two charts show the overall murder rate year over year, as well as trends.  While these show the murder rate was rising before the 2013 laws (0.20 murders per 100K per year, between 2010-2013), since the laws passed it’s been rising 30% faster (0.26 murders per 100K per year, between 2014-2018). So not only did the laws not reverse nor even slow the rising murder rate, it is rising even faster than before the laws.


 

This chart below details the forcible rape rates in the state. 

Note: the revised line accounts for a change made to the definition of forcible rape in 2013 to include male victims of rape  (the FBI previously only added female rape victims into their data).  The revision also clarified that any penetration without consent was considered rape, including penetration by object.  Learn more about that change here

 

Below you will find the aggravated assault stats. The FBI defines aggravated assault as an unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury.

 

 

And lastly, here are the robbery stats for Colorado.  The FBI definition of robbery is the taking or attempting to take anything of value from the care, custody, or control of a person or persons by force or threat of force or violence and/or by putting the victim in fear.

Bottom line: Colorado has a violence problem and gun control has done nothing to curb it.  Until we address the root cause of the violence, it will continue to escalate no matter how many laws are made to restrict the tools a violent person may use.

 

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