Why “Red Flag” ERPO Laws Are Not The Solution To Mass Shootings

Are "Red Flag" ERPO Laws The Solution To Mass Shootings?

After every public mass shooting, the call for gun control reaches a new pitch.  Those on the anti-gun left have gone so far as suggesting banning nearly every modern day semi-automatic firearm and having police go door to door confiscating them.  And those on the right are calling for “Red Flag” Extreme Risk Protection Order laws in every state.

But is this really the answer?  The suggestion of a door to door gun confiscation would be laughable if these people were joking- but they aren’t.  How any politician believes using what they refer to as “weapons of war” to confiscate “weapons of war” will not turn into a war, is beyond me.  Even the anti-gun, Bloomberg funded website “The Trace” admits there are at bare minimum 20 million civilian owned, modern day sporting rifles in the US, and nearly all of them have never been used to commit a crime.

So what about “Red Flag” laws?  Let’s take a quick look at Red Flag laws and what they do…

“Red Flag” laws are also called ERPO’s or Extreme Risk Protection Orders, a term coined by the anti-gun movement to deter from the negative reputation that came with “Red Flag” legislation.  Don’t be fooled though, they are the exact same thing.  Red Flag laws have actually been around since 1999, although they are quickly rising in popularity.  In fact, Connecticut had a Red Flag law in place when the Sandy Hook shooting happened and California had one in place at the time of the San Bernardino attack, the Thousands Oaks shooting, and the Gilroy Garlic Festival shooting.

The proponents and mainstream media will tell you Red Flag ERPO laws allow family or law enforcement to petition the court to have the firearms removed from someone who is proven to be a danger to themselves or others.

To the general public, this sounds pretty benign, and polling reflects that when the law is presented this way.

But what if I phrased it this way: It’s a law that allows an abusive ex to petition the court, over the phone, for $0, to have the firearms confiscated from an individual they wish to disarm.  The petition is granted based on the lowest evidentiary threshold used in court, a preponderance of evidence (meaning there is a 51% chance that the accusation is true) and when the temporary order is issued by the court, it is coupled with a search warrant.  This means the first time the accused even finds out these proceedings are taking place is when the police are at their door ready to raid their home prepared to take away their means of self defense against the same abusive ex who requested the ERPO – and possibly the means of defense for their children.

Because that is exactly what these laws do.  It is legalized swatting that can be done by a laundry list of family members, former and current roommates, and anyone you have ever been intimate with.  Don’t believe me?  Read through the 30+ pages of HB19-1177 “Red Flag” Extreme Risk Protection Orders that was just signed by the governor here in Colorado.

There is a big difference between supporting the concept of a Red Flag law, and supporting the actual legislation that is being passed. The devil is always in the details.

But do they work?

Well, we already pointed out above three mass shooting in California with one of the broadest Red Flag laws (right behind Colorado’s), as well as Sandy Hook in Connecticut.  So, no, they didn’t work to stop killers in those instances and there is zero evidence they have thwarted any attacks elsewhere.

But what about suicide? Proponents will of course tell you yes, they work.  States like Indiana pointed to stats showing suicide by firearm was decreasing.  Well, turns out it wasn’t.  It was still increasing but not at the projected rate, so they consider that a win.  In addition, suicide by other methods has skyrocketed and Indiana has dropped from 19th in the country for mental health in 2011, to 45th in 2015, and in both 2016 and 2017 suicide was the tenth leading cause of death for all residents over all demographics, and the leading cause for certain demographics.  Their Red Flag law was enacted in 2005.

Why are we seeing these results?  Because these laws have nothing to do with mental health, and everything to do with taking away the guns.  The bill sponsors here in Colorado even admitted that during the month long debate before the bill passed by ONE SINGLE vote with every Republican and three Democrats voting against it.  Watch the video here:

These laws are widely opposed by law enforcement, as they realize the danger they will put their officers and citizens in, as well as the unconstitutionality of the law.  In Colorado, more than 50 of the 64 sheriffs opposed the legislation, as did the Denver and Aurora police unions.  The ACLU has opposed legislation in other states such as Rhode Island.  And people have been killed having these Red Flag orders served, such as happened in Maryland when a woman ERPO’d her brother after a family dispute. She later admitted she did not believe he would have hurt a fly, but he was killed when he refused to turn over his guns. Trading death for death is never the answer. The lives of gun owners do not matter less than the lives of anyone else.

We should also always remember in the “do something” era, passing feel good, knee jerk, virtue signaling legislation is a waste of valuable time and resources that could be used to actually DO SOMETHING, for example Maine passed a completely different proper adjudication law to address the same issue.  You can learn about that by listening to this podcast here.

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Parkland One Year Later: The Government Has Blood On Their Hands

Parkland One Year Later: The Government Has Blood On Their Hands Rally for our Rights Colorado
Today marks one year since the United States saw a school massacre that broke the hearts of a nation, ignited a fire in new activists, and if you’re paying attention – shattered your trust in government.  That massacre being the Parkland, Florida school shooting where 19 year old Nikolas Cruz took the lives of 14 classmates and three teachers.

On February 14th, 2018 Nikolas Cruz took an Uber with a backpack equipped with an AR-15, grenades, and ammo to his old school.  He walked past the school security monitor, Andrew Medina, who knew he wasn’t allowed on school grounds and found his presence “suspicious”, although did nothing.  Cruz walked past the building where school resource officer, Scot Peterson, was talking with another student.  Peterson was employed as a sheriff’s deputy with the Broward County Sheriff’s Department, but his charge was to protect the students at Parkland High School.  It should also be noted that Peterson was the only armed person permitted to be on school grounds.  Cruz walked through the unsecured school doors into his former high school from which he’d been expelled.  In this gun free zone not one person attempted to stop him, nor was there any security measures in place.  At 2:21 pm he opened fire.  It was a rampage that would last at least 20 minutes before Cruz simply walked out of the school and into a nearby neighborhood, where he was eventually captured and confessed.

Heartbreaking.  How can this kind of tragedy happen?  It shouldn’t have.  And it wouldn’t have if the government had done their job.  

The Parkland High School Shooting spurred a gun control movement this country hasn’t seen in decades.  March for our Lives formed under umbrella groups Moms Demand Action and Everytown For Gun Safety, all which are funded by Michael Bloomberg, have taken to the streets and the halls of congress.  Frantic and misguided students, parents, teachers and individuals have exploited the Parkland tragedy calling for massive gun control across the nation – from city ordinances to federal laws.  What they should be acknowledging instead is the complete and utter government failure that allowed Parkland to happen in the first place. More laws were not needed. The current laws simply needed to be enforced.

The government has blood on their hands, and as a mother I say that unapologetically.  

• Nikolas Cruz was not a stranger to Broward County law enforcement.  In fact, police had been called to his home at least 37 times over the course of only a few years. 37 TIMES!  The reasons ranged from harming animals (shooting chickens with a pellet gun), assault on his mother, assault on his siblings, harming himself, threatening to harm himself, threatening to harm others, and more.  Not once was he charged.  Not once did the police take any action, even though action on almost all of these would have required his name to be entered into the NICS database preventing him from legally being able to purchase a firearm.

• In addition to the 37 reports law enforcement did follow up on (although ultimately ignored in the end), in February 2016 a tipster called Broward Sheriff’s Office to say Cruz ‘could be a school shooter in the making’ and had been making threats on Instagram, but deputies did not write up a report on that warning, instead they forwarded it to School Resource Officer Scot Peterson. That report came just weeks after a relative called urging Broward Sheriff’s Office to investigate if he should have the weapons he had, and possibly seize them.  In the end, both reports were ignored.

• Late in 2016 a “peer counselor” reported to School Resource Officer Scot Peterson that Cruz had possibly ingested gasoline in a suicide attempt, was cutting himself and wanted to buy a gun. A mental health counselor advised against involuntarily committing Cruz.  In Florida, such action can be done under the Baker Act, which allows the state to involuntarily commit individuals deemed a threat to themselves or others. People committed under the Baker Act are legally barred from obtaining firearms.  This event was followed up on by Florida Department of Children and Families, and even though he had fresh cuts from “cutting” and his mother shared her fear that he constantly talked of wanting to buy a firearm, he was deemed stable and, once again, ignored.

• In September 2017 a YouTube user named “nikolas cruz” postsed a comment stating he wanted to become a “professional school shooter.” The comment was reported to the FBI in Mississippi, but was not followed up on.

• In November 2017 a family member called Broward County Sheriff’s Office to report that Nikolas Cruz was dangerous, had made legitimate threats, and had weapons.  Her concerns were ignored when Cruz told them he’d give the weapons to a family friend.  This again would have been a legitimate use of the Baker Act.

• Also in November 2017, after Cruz’ mother died, he was taken in by a Palm Beach County family.  They contacted the Palm Beach Sheriff’s Office to report a fight between Cruz and their 22 year old son. A member of the family said that Cruz had threatened to “get his gun and come back” and that he had “put the gun to others’ heads in the past.” The family did not want him arrested, so the report was ignored.

And again in November 2017 a caller from Massachusetts reported that Cruz is collecting guns and knives and was threatening to be a “school shooter in the making.” A Broward County Sheriff’s Deputy advised the caller to contact the Palm Beach sheriff.  If the caller ever did contact Palm Beach, it’s not on record.

• In January 5, 2018 a report came in to the FBI’s tip line claiming that Cruz has “a desire to kill people” and could potentially conduct a school shooting. The information was never passed on to the FBI’s office in Miami.  The FBI has even publicly acknowledged their failure.

And these are only the failures BEFORE the incident.  Since the incident it has come to light that:

• The only other armed person on school grounds, resource officer Scot Peterson, hid behind a concrete wall during the rampage.

• School Security Monitor, Andrew Medina, had a long history of sexually harassing female students, all which was swept under the rug.

• Broward County Sheriff took 26 minutes to enter to the school.

• Nikolas Cruz was easily able to walk out of the school, blending in with other students and walked into a nearby neighborhood, where he was later arrested.

• After a lawsuit against the Broward County Sheriff’s Department, the school district, and Parkland High, a judge determined that NONE of these entities had a responsibility to protect the students.

You would think after all of this, those closest to the tragedy would be asking why – and how – this kind of failure is possible.  You would think that in the change they wish to see, the government would be the last place they’d be seeking it.  I mean, what makes them think anything will change?  History shows it won’t and it doesn’t, and, in fact,  nearly every mass shooting the US has seen government failure like this exist behind it.

Even last summer during a counter protest Rally for our Rights held while March for our Lives was staging a “March on the NRA”, a conversation afterward between myself and the organizers of the other event resulted in agreement that these failures exist, and that before we discuss new laws, we should be discussing why our current laws are failing.

What is the solution?  We need to acknowledge our society has a violence problem and a suicide problem, but to call it a gun problem is disingenuous.  To create gun control laws that disarm and effect only the law abiding is a false sense of security.  Mental health is a strong component of this issue.  Any individual who will walk into a school and execute students is mentally ill, even if not previously diagnosed.

We have soft targets in schools such as Parkland, where someone like Cruz can simply wander in with nothing in his way, and not one person inside the school is legally given the ability to defend the students they care for as their own.  Programs such as FASTER Colorado provides no cost or low cost intensive training to school staff who voluntarily choose to be armed and is approved by their school board.  They are also provided with deep concealment training, trauma training, and psychological training.

In the end, we will never eradicate evil, but we can defend ourselves from it.  

 

Rep Jason Crow Uses Felon With Violent Record To Push For Gun Control At SOTU

Rep Jason Crow Uses Felon With Violent Record To Push For Gun Control At SOTU Rally for our Rights Colorado

Tonight, during the State Of The Union, Colorado Congressman Jason Crow has announced he will be inviting the mother of a young man who was killed by gunshot in Aurora, Colorado last year.  The Congressman is using Mary Majok, a Sundanese refugee, and the tragedy of losing her son, to exploit what he refers to as “gun violence” and the steps he believes should be taken to end it.  He even goes so far as to compare Colorado to the horror ridden civil war in Sudan which Mary and thousands of others have fled.  Pretty sure the skyrocketing population in Colorado would disagree that people are fleeing the state due to gun violence.

The use of this individual victim has a glaring problem.  The perpetrator: Joseph Lugo.  

On March 21st, 2018, Joseph Lugo shot and killed Mary’s son, Potros Mabany, 21, and wounded another man.  Mabany was shot twice.

Lugo, a native of New York, has a lengthy arrest record in Colorado. He has multiple weapons arrests — including for being a felon in possession of a weapon and for having a defaced firearm — as well as rape, assault, menacing and kidnapping charges on his record.

In fact, Lugo is a prime example of what gun rights advocates repeat almost ad nauseam: criminals don’t follow laws, only the law abiding do.  Reg flag legislation, universal background checks, and banning “military-style assault rifles” wouldn’t have stopped Lugo – all gun control slated on Congressman Crow’s agenda.

Lugo was a public safety threat and we are glad he is off the streets.  People like him are why people like us carry.  People like him are why we want to have rifles available to defend our homes.  And if Congressman Crow really cared about the safety of his constituents, he’d be talking about how they can keep themselves safe, not pushing to disarm them.

We will never eradicate evil, but we can defend ourselves from it. 

 

Why Common Sense Gun Laws Only Criminalize The Law Abiding

Why Common Sense Gun Laws Only Criminalize The Law Abiding : Rally for our Rights Colorado

The alleged “common sense” gun laws start to sound more and more like denial of rights, firearms seizures and criminalization of law abiding citizens than solutions to gun safety.

For me, and many of my friends, common sense gun laws would include: firearms safety training *gasp* IN SCHOOLS and elsewhere, taught by qualified firearms instructors. It is, well, asinine, to see that in today’s society, when students post pictures of themselves behaving safely or training with firearms, schools suspend, expel or contact police. They should encourage safe training. Common sense, eh?

Additionally, these same hypocrites claim, “Only trained people should BE ALLOWED to have/use firearms.” Okay, so if we even compromise and give them that point, they are hysterical when they encounter pictures or videos of people training. “Look what they are doing! They are preparing for war, to kill people.”

Umm, what do they call training? It no doubt does NOT involve actually handling a firearm.

It is obvious they don’t want law-abiding citizens to be trained in safe weapons handling.

When one of Longmont, CO’s citizens proposed the city recognize a “Firearms Safety Day,” via a proclamation, the mayor (allegedly a strong 2A supporter) nixed it as “too controversial,” and another council member claimed she would walk out and not be part of it. So are they opposed to gun safety? Or in favor of unsafe firearms use?

Clearly, safety training with firearms is obviously NOT considered “common sense.”

Perhaps we should breakdown the deaths involving firearms. According to a recent New York Times article, in 2017 the United States saw 39,773 deaths from firearms. This number INCLUDES self-defense shootings, police shootings of criminals, accidental deaths and – the largest percent – suicides.

Almost 24,000 (60%) were suicides. Tragic, yes, it is. But that should be dealt with through mental health programs and intervention, NOT by attacking the rights of law-abiding citizens. Where is the outcry on that issue? Common sense.

Since doing completely away with the Second Amendment has been so difficult, the big trend now is to deny the First, Fourth, Sixth, Seventh and probably more. I am referring to Extreme Risk Protection Orders (ERPO or Red Flag laws). These laws allow virtually anyone to claim to police they feel threatened, overheard scary gossip, or just don’t like you – and police can seize your firearms (actually any “weapons”) for anywhere from weeks to months to forever. No need to prove guilt – you must prove your innocence! 

It’s been asked before, repeatedly, and never answered: How does restricting – nay, infringing – on the rights of law abiding citizens by passing more laws stop criminals? Can someone please explain how lawbreakers will be foiled by more laws? In fact, somewhere over 80% of the recent mass shootings have been in “gun free” zones. Not working too well, eh? Trash them; common sense.

The real problem, as I and others have said before, isn’t firearms. It is NOT “gun violence.” It is violence. Guns can – and do – protect us from violence.

Let’s address the issue of VIOLENCE. Address how to deal with the perpetrators of violence, how to prevent suicide and get help for the chronically depressed. Not demonize our protection from the evil in society.

If the anti-rights crowd wants to sit down and have a REAL conversation about common sense and compromise, I think we would listen. But as long as all they want is to push an agenda and dismantle the United States‘ Constitution….keep your hands off my guns – and my God-given, Constitutionally-protected rights.

Tired of being demonized as a law abiding gun owner?  Help us get these billboards up!  Donate here: www.gofundme.com/gun-rights-billboards

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Why Compromise Is A Losing Game For Gun Rights

There has been a lot of talk lately about “common sense” gun laws. Anti-rights groups have been crowing for them and boasting that the vast majority of United States’ citizens want them.

But what are these “common sense” laws?

While parading a few, with the common disclaimer, “We do NOT want to take your guns!,” in fact, they DO. Along with this, the anti-rights fanatics have blathered for “compromise” and plead that lack of action has cost lives.

What, exactly, do they mean by “compromise?”

Some history:

Since 1927 the federal government has been attacking citizens’ Second Amendment right to keep and bear arms. They began by banning mail-order firearms (some exceptions); then (in 1934), short-barreled rifles and shotguns and silencers were taxed and fully automatic weapons were strictly regulated. All done in the name of “stopping crime.” In 1938 they began licensing dealers and manufacturers of firearms, and compelled them to keep records. They also banned sales to felons. It was in 1968, driven by (initially) JFK’s assassination, Martin Luther King’s murder and Robert Kennedy’s murder that federal government really stepped up restrictions on sales to minors, criminals, drug addicts and interstate firearm sales.

Finally, in 1993 (after surviving a 1981 assassination attempt on then-president Reagan, for whom he was press secretary), James Brady saw his more than a decade of campaigning for stronger gun control come to fruition: congress passed the Brady Bill and president Clinton signed it into law.

The bill required background checks for gun sales and a waiting period for handgun sales (waiting period later removed, due, in part, to legal concerns over liability in self defense purchases).

Many states (and cities) have been passing assorted “laws” restricting certain firearms with arbitrary features, assorted magazines – based on capacity, and various accessories deemed “too dangerous” (read: it looks scary!). The interesting facts here are that virtually all of these restricted or banned items still turn up in the hands of criminals. It appears the only people suffering from governmental overreach are law-abiding citizens.

So; let’s get back to the cries for “compromise:” to date, law-abiding citizens have seen rights taken at every turn, with few reversals or repeals to the restrictions (record keeping was deemed unconstitutional and later removed as a provision, some interstate sales were allowed and some import restrictions lifted).

Compromise? It appears that the anti-rights groups define compromise as trampling Constitutional rights and “allowing” law-abiding citizens to practice SOME rights protected by the Constitution – at their discretion and after paying a fine. AND – rather than defend our rights, elected charlatans and prima donnas seize the opportunity to do SOMETHING (ANYTHING!) and pass laws to infringe on the LAW-ABIDING among us. Then they crow about how they care and ignore the fact that criminals continue to commit crimes.

Remember; laws passed will have NO impact on criminals, other than to simplify their goal to steal, harm, rape and murder.

For me, and many like me, compromise means give and take. We have given much and received NOTHING, anti-rights groups have taken much and given NOTHING. So let’s stop this talk of compromise, no matter how nice it sounds to others. It is a seizure of rights, infringement, plain and simple.

“Infringe”
in·fringe
/inˈfrinj/

– to actively break the terms of a law or agreement.
– act so as to limit or undermine.

Now we’re getting somewhere. “Infringement” sounds more like what anti-rights groups term “compromise.” Why do you suppose compromise is the endorsed word? Could it be that “infringement” is specifically cited as forbidden in the text of the Second Amendment? That “compromise” sounds so friendly and reasonable, while “infringement” sounds more like the attack on rights that they are endorsing?

It appears compromise is not what they are after, so we move on.

Who decides what laws equate to “common sense” gun control? It sure SOUNDS reasonable. Unfortunately, the anti-rights groups don’t mention that they alone get to set the parameters of “common sense.” There will be no dialogue with supporters of Constitutional Rights to determine where the boundaries lie. Anti-rights fanatics will determine:

• Who is allowed to own a firearm

• How many firearms a law-abiding citizen may own

• What fee must be paid to allow law-abiding citizens to practice their Constitutionally-protected right

• EXACTLY what type of firearm law-abiding citizens may own

• How many bullets law-abiding citizens may carry said weapons

• When and where law-abiding citizens my carry or store their weapons

• How law-abiding citizens MUST store allowed weapons (often unloaded, making quick use impossible)

• In some cases, how much ammunition law-abiding citizens may possess

I repeat “law-abiding citizens” because, remember, criminals don’t worry about what laws “feel good” politicians pass.

Only self-aggrandizing, foolish politicians would think restricting the rights of all will impact the actions of criminals.

Tired of being demonized as a law abiding gun owner?  Help us get these billboards up!  Donate here: www.gofundme.com/gun-rights-billboards

gun rights save lives billboard colorado rally for our rights

 

Gun Owners Across US Woke Up Criminals In The New Year – And They Did Nothing Wrong

Gun Owners Across US Woke Up Criminals In The New Year - And They Did Nothing Wrong - Rally for our Rights Blog

While the masses across the United States were out ringing in the New Year – some of whom were undoubtedly engaging in illegal activity such as drunk driving and illicit drug use – gun owners in multiple cities and states simply stayed home, watched the ball drop on their TV, and went to bed without incident.  Yet this morning, they are the ones who woke up as criminals.

2018 was a year that put the anti-gun community and gun rights advocates toe to toe.  There is something both sides agree on though – they agree that tragedies like we saw in Parkland, FL are devastating and we don’t want them to happen.  What we disagree on are the solutions.

The gun grabbers have chosen to ignore research that highlights two things: 1.) gun control doesn’t work and 2.) current laws are being ignored.  In nearly every instance of a tragic shooting, a little research into the perpetrators background shows failure and incompetence on the part of government.  So what do the gun grabbers do with this information?  They demand more laws be created that do nothing to curb crime, but instead create a false sense of security and criminalize the law abiding.

Many of those laws went into effect at 12:00am today, January 1st, 2019.  Here are a few of them:

Boulder, CO: If you own a so-called “assault weapon” that you didn’t register with the police department between June 15th and December 31st, 2018, today you are a criminal.  Never mind Boulder has never seen a murder committed with one of the banned firearms, but it has with a baseball bat.

Washington: If you’re under 21 and are in possession of a long gun outside your home, the government has deemed you a criminal before you’re even old enough to drink. Welcome to a life of crime.

Illinois: If you purchase a rifle but you don’t wait 72 hours after the purchase to take possession of it, you are breaking the law.  But who abides by a waiting period?  That’s right, the law abiding.

California:  Similarly to Washington, it is also now illegal to be under the age of 21 and own a shotgun or rifle.  That will certainly deter a violent, evil person from obtaining one. <insert heavy sarcasm>

In addition, several states enacted draconian “Red Flag Laws“, which allow someone’s firearms to be confiscated by law enforcement with little evidence and no due process.  Other states have adopted “Mental Health Laws” which will prevent those who have had certain types of mental health treatment from possessing firearms (with the unintended consequence of making those who own firearms not seek mental health treatment).

Undoubtedly, with anti-gun candidates winning elections across the nation this past November, we’re in a for a doozy of year.  Make sure you’re paying attention.

You can help us continue to fight back with boots on the ground.  Get connected on social media here and/or make a donation here.

When Self Protection Is Needed The Most, Red Flag Laws Can Be Used To Disarm You

red flag law bill ERPO emergency risk protection order colorado rally for our rights womens rights

Red Flag Laws are all the rage these days, almost trendy.  It seems that’s what the anti-gun community cares about when creating laws – being trendy – even though many of these trendy laws make people less safe.  And that’s exactly what Red Flag Laws do.

As a woman who chose to leave an unhealthy marriage only to be harassed and stalked by my ex-husband, and then when he remarried, spent nearly two years in a bitter custody battle as him and his new wife tried to move my daughter across the country, I have unfortunately witnessed how easy it is to manipulate this system.

I have faced temporary restraining orders based on fabricated accusations, police at my door for false reports, and CPS visits multiple times.  Through each encounter, I held my head high, defended myself with poise, and had faith the truth would be on my side.  In my case it was; each time I was victorious.  But it did not come without anxiety and fear.  Since that time, my ex-husband and his new wife have moved away, and I sleep much more soundly at night – with my daughter in the room across the hall.

I no longer have to take a different route home each time I’d meet him to drop off or pick up my daughter because I knew he was following me.  Or be informed by a watchful neighbor that he has been sitting at the end of my street for two hours in sub-zero weather.  I no longer have to wonder if the knock on my door on Saturday morning is the sheriff’s office following up on more false accusations, or the neighbor kid wanting to play with my child. I no longer have to fear what may be next.  I was fortunate that I was still there to worry about those things.  Others were not.

Due to my experiences, when I saw what was hidden inside this year’s Red Flag Bill, I was shocked.  Certainly these politicians know how easy this is to manipulate – and of course, their “job” is to protect people like me.  But when I researched it further, my shock turned to anger.  Not only was this proposed law as easy to get as the temporary protection order my ex-husband had gotten against me at one time, it was easier.  It allows reports by phone, and hearings by phone.  No one even has to show their face.

Red Flag Bills put the most vulnerable in our society at risk.  The same citizens these politicians claim to care about, they are putting at risk.  Domestic violence affects women and men of all demographics, and although 40% of the victims are men (if not more), when it comes to fatalities in domestic and familial incidents, a shocking 97% of the victims are women.

Now the anti-gun, pro-women, newly elected government has made promises to come to our rescue – yet all they are doing is putting us in harms way by opening a door to have OUR means of self protection removed – legally.

Although I use my own experience as a woman as an example, this applies to anyone, regardless of gender or other demographics.  If your life is in harms way, Red Flag Laws can be used to disarm you. And if you manage to beat a system that is stacked against you and get your firearms back, there are no repercussions to the person who falsely reported you.  They walk away unscathed, having wasted time and resources that could have been used to follow up on legitimate threats and crime.

If you’re not familiar with Red Flag Laws, you’re not paying enough attention (seriously, connect with us on social media so you always know what’s up).  Red Flag Laws are already in place in some states, and are undoubtedly coming to yours.  Here’s how a HB19-1177, Colorado’s proposed Red Flag Law would work:

• Almost anyone can request an ERPO without even showing their face or providing their address. The definition of “family or household member” is so broad it includes ex-lovers who you have never even lived with!  Or someone *claiming* you once had an affair.  And even old roommates.

• The initial report and hearing can be done over the phone, all while the accused is completely oblivious proceedings are taking place to have his or her firearms confiscated.  There is no due process at this first hearing – which is the hearing where permission is given to confiscate gun!  Even Colorado Attorney General Weiser admits to the lack of due process.  Watch his testimony here.

• The first time the accused learns someone has reported them will be when local law enforcement shows up at their door with an order AND a search warrant prepared to raid your home – while the accused never even committed a crime.  This search warrant is a BRAND NEW type of warrant that is created in the bill – a gun owner specific civil search warrant.  Read all about that here.

• 14 days later is the first time the accused will have a chance to defend themselves against this non-crime.  The burden of proof will fall on the accused, not on the petitioner who can actually provide affidavits rather than attend court!

• The guns will be confiscated for 364 days, during which time the accused only has one opportunity to ask the courts to lift the order.

• There is zero accountability for false accusers. In fact, the filing fee is $0! For comparison, requesting a Temporary Restraining Order in Colorado is $97.  Attorney General Weiser also admitted false claims will be par for the course. Listen to his statements here

• This bill is being touted as a “suicide prevention” bill, when in fact, the fear of having your firearms confiscated will make people terrified to ask for help when they need it, and will undoubtedly escalate situations rather than deescalate them..

• It is so rife for abuse, it can easily be used by someone’s stalker or abuser to have their victim disarmed – legally.

• The ERPO will go on a person’s permanent record EVEN if it is dismissed, meaning it will show up on background checks, etc.

Read a complete write up of the bill here: www.rallyforourrights.com/colorados-red-flag-erpo-worse-than-you-think

READY TO HELP STOP THIS BILL??  Click here for more detailed info about which legislators to contact.

Trump Admin Bump Stock Ban: What You Need To Know

Trump admin bans bump stocks Rally for our Rights ColoradoA few months ago I was at a gun rights rally when a news reporter came up to me and asked, “How is it legal for these people to be carrying these machine guns out on the streets?!”  She was referring to the half dozen or so attendees (among hundreds) who were open carrying rifles.  She was pointing in particular to a gentleman with a .22 rifle slung snugly on his chest, and another young woman with her AR-15 slung on her back.  I held back my chuckle, looked her right in the eye, and said: “Ma’am, those may be machines and they may be guns, but they are not machine guns.”  I went on to explain that while by definition any firearm is technically a machine, actual machine guns were regulated under the National Firearms Act.  We then walked around and people eagerly explained the very few differences between the handguns some had, and the rifles others had.  We had a great discussion about what had been banned in Boulder, CO with real life examples – and even she began to grasp the absurdity of it.  Needless to say, we had great media coverage that day.

This conversation came back to me yesterday morning as I learned the Trump administration directed the ATF to finalize an impending “bump stock” ban. What it does is essentially label an arbitrary piece of metal or plastic, that has no automatic functioning mechanical parts, as a “machine gun”.  This ban places bump-stock-type devices under the NFA, a grossly unconstitutional law requiring citizens to pay exorbitant amounts of money, register with the Secretary of Treasury, and jump through dozens of government hoops, to obtain certain firearms.

In the ATF’s amended regulation released yesterday, bump stocks are defined as “devices that allow a semiautomatic firearm to shoot more than one shot with a single pull of a trigger.”  This is interesting because just last year, Michael Curtis, chief of the Firearms Technology Industry Services branch of the ATF, said the product was not prohibited “since the device does not initiate an automatic firing cycle by a single function of the trigger [and therefore] it is not a machine gun under the NFA.”  

Under the new ban those in possession of bump-stock-type devices must turn them in to an ATF field office or destroy them by March 21st, 2019.

Trump admin bans bump stocks Rally for our Rights Colorado

Many people may believe bump stocks are simply a fun accessories for gun enthusiasts, but what they are missing is that bump stocks were originally created to help those with limited mobility in their hands.  A friend of mine has testified on this premise, stating: “Regardless of the opinions of others, I as a disabled person should be able to determine which tools are best for me in my pursuit of recreational, legal shooting sports. It is sickening to me how many people either do not know about bump fire stocks helping disabled people, or who try to minimize or pretend that there is no debate, and that civilians should not have access to them.”

Bump fire action can also be replicated with a rubber band, a belt loop, or even your finger (if you know what you’re doing).  Will we next regulate rubber bands as machine guns?  Because that’s how absurd this new law is.

Make no mistake, this ban does not come without justified legal challenges.  Immediately after Tuesday morning’s announcement, attorneys for an owner of a “bump-stock” device and three constitutional rights advocacy organizations filed a federal lawsuit against the Trump Administration.  The suit comes with multiple arguments.  First, they are challenging Matthew Whitaker’s legal authority to serve as Acting Attorney General and issue rules without being nominated to the role and confirmed by the Senate.  Second, they are challenging the confiscatory ban on firearm parts. And third they are requesting an immediate temporary injunction to prevent the Trump Administration from implementing and enforcing the new regulation.  Click here to learn more about the legal action and how you can help.

There are many people, even in the gun rights community, arguing that this is simply throwing a bone to the gun grabbers in an effort to quiet them.  This attitude is completely wrong.  It not only doesn’t appease the anti-gun community, it motivates them.  Just yesterday, Shannon Watts, founder of Moms Demand Action, says to her it signals a new openness on the part of the administration to continue to tighten firearms regulations.

The “bump stock” ban is an assault on the Constitution and law abiding gun owners, but it’s also an assault on the uninformed general populace who have been led to believe it will do ANYTHING beyond create a false sense of security.

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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.

With 250,000 medical malpractice deaths each year, you are 10,000 times more likely to be killed by a doctor than an AR-15.  Help us get this billboard up!  Donate here: www.gofundme.com/gun-rights-billboards

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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