Red Flag ERPO Critic and CO Sheriff Gets ERPO’d AGAIN By Jail Inmate

Red Flag ERPO Critic and CO Sheriff Gets ERPO'd AGAIN By Jail Inmate

On Februrary 25,2020 one of Colorado’s most outspoken critics of Colorado’s Red Flag ERPO law, Weld County Sheriff Steve Reams, was red flagged using the state’s Extreme Risk Protection Order (ERPO) law – and it was an inmate who has been incarcerated in his jail since 2016 on serious drug trafficking charges who filed it – from jail.

That story was nuts.

And now it’s happened again, less than two months later.  Same inmate, new ERPO – from jail! 

According to a post on Reams’ Facebook page, on April 15, 2020 an Extreme Risk Protection Order petition was filed by inmate Leo Crespin against Sheriff Steve Reams, which is public record.  The inmate claims he falls under the law’s extremely broad definition of ‘household or family member’ by marking the box “I regularly reside or have resided with the respondent in the last 6 months”, citing that he lives in Reams’ jail.

In the body of the petition the inmate states that Sheriff Reams arms his S.O.G. officers with 12 gauge shotguns.  The Weld County jail S.O.G. (Special Operations Group) is responsible for maintaining order in situations involving enhanced security risk.  The “shotguns” they carry are actually devices that fire less-than-lethal projectiles and are only carried by the specialized team of officers.

The petition was immediately dismissed by district court Judge Vicente Vigil.

You can read the petition and the ruling in the images below, but it is along the same lines as the February ERPO that was filed.  Read all about that here.

 

 

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CO Governor Issues Exec Order Altering Concealed Carry Permit Requirements Amid Coronavirus Outbreak

CO Governor Issues Exec Order Altering Concealed Carry Permit Requirements Amid Coronavirus Outbreak

Amid the recent widespread coronavirus meltdown, most counties in the state of Colorado have halted the issuing of new concealed handgun permits due to government agencies suspending all fingerprinting and other non-essential in-person contact in an effort to comply with public health directives. This included the required fingerprinting while issuing a new concealed handgun permit.

After several county sheriffs urged the Colorado Bureau of Investigation (CBI) to put a temporary process in place to issue these permits, Colorado Governor Jared Polis included a section related to concealed handgun permits in Executive Order D-2020-029 which was issued on Monday, April 6, 2020. This section of the order alters the requirements to apply for and issue a concealed handgun permit under C.R.S. 18-12-205 by doing two things: suspending the in-person requirements, and eliminating the requirement that the sheriff must take two complete sets of an applicant’s fingerprints to submit to the CBI.  The order goes on to strongly encourage sheriffs to only issue a temporary emergency permit which would expire after 90 days as well as conduct a Colorado Crime Information Center (CCIC)/National Crime Information Center (NCIC) check of each applicant. The governor is also encouraging sheriffs to revisit and reevaluate permits issued under this executive order once the health directives have been lifted.  It appears these are only suggestions and ultimately the process will be left up to the individual county sheriffs to determine on a community level.

Here is the related excerpt of Executive Order D-2020-029:

I.  I temporarily suspend the “in person” requirements related to the application and issuance of permits to carry concealed handguns (Concealed Handgun Permits) contained in C.R.S. §§ 18-12-205(2)(a), (2)(b), (3)(a), (3)(b), and (4)(a). I also temporarily suspend the requirement in C.R.S. § 18-12-205(4)(b) that a sheriff shall take two (2) complete sets of an applicant’s fingerprints to submit to the Colorado Bureau of Investigation (CBI). In assessing each Concealed Handgun Permit application, I strongly encourage sheriffs, in order to maintain safety through social distancing, to first consider issuance of a temporary emergency permit pursuant to C.R.S. § 18-12-209 (valid for an initial period of ninety (90) days) if appropriate, and second, to conduct a Colorado Crime Information Center (CCIC)/National Crime Information Center (NCIC) check of each applicant to determine whether the applicant is eligible to possess a firearm pursuant to 18 U.S.C. § 922(g) before issuing a Concealed Handgun Permit. During the effective period of this Executive Order, sheriffs may issue Concealed Handgun Permits pursuant C.R.S. §§ 18- 12-206 or -209 upon completion of the requirements of C.R.S. § 18-12-205, as modified by this Executive Order. Upon expiration of this Executive Order, I strongly encourage sheriffs to revisit and reevaluate permits granted under this Executive Order for compliance with all of the mandates in C.R.S. § 18-12-205.

With record breaking gun sales in the past thirty days, the limitations of the permitting process for those wishing to obtain a new conceal carry permit has created barriers, and we believe the better deregulation would be an executive order allowing for constitutional carry (allowing for open or conceal carry without a permit). Currently Colorado law only allows for the open carry of a firearm without a permit while conceal carry requires one.

But another barrier that still exists, even with the latest executive order, is the training requirement under C.R.S. 18-12-203(1)(h).  This statute requires the applicant to submit a training certificate from a handgun training class they completed within the ten years prior.  Although the executive order does suspend the requirement to submit the certificate in person, it does not change any of the training requirements – which explicitly requires in-person contact and makes clear online-only courses do not suffice.

According to C.R.S. 18-12-202(5)(III) the training requirement states:

(III)  A firearms safety course or class that is offered and taught by a certified instructor.
(b)  Notwithstanding paragraph (a) of this subsection
(5), “handgun training class” does not include any firearms safety course that allows a person to complete the entire course:(I)  Via the internet or an electronic device; or
(II)  In any location other than the physical location where the certified instructor offers the course

This means that applicants MUST be in both close proximity to other individuals and at a place of business in order to obtain this training certificate, all while under the governor’s own stay-at-home order.

Although if the sheriffs are issuing Temporary Emergency Permits it does suspend the training requirement for 90 days.

Another slice of the governor’s most recent executive order is likely related to the backlog CBI is facing with the unprecedented amount of background checks on gun purchases that has created a wait time of several days.

This section of the order waives the requirement that CBI make a determination within 30 days on denied background checks when the transferree claims it was imporperly denied.  Although the order is only good until April 30th or until any extension is lifted, it’s unclear how long CBI would have after it’s lifted.

Here is the related excerpt:

K.  I temporarily suspend the requirement in C.R.S. § 24-33.5-424(5)(b)(II) that CBI render a
final administrative decision regarding the denial of a firearm transfer within thirty (30)
days after receiving information from the transferee that alleges the transfer was
improperly denied, to provide CBI with additional time to complete these duties in light
of the support they are providing to the State during the COVID-19 pandemic, with the
expectation that CBI will fulfill these duties as soon as practicable.

Larimer County Sheriff Justin Smith has already put into place how his office plans to utilize the deregulation surrounding this executive order and concealed handgun permits.  According to a post on the Sheriff’s Facebook page, they do intend to run applicants through NCIC as well as complete fingerprinting once the health directives have been lifted.

If you would like to know how your county is handling this, please contact them and then report back to us.  We’ll keep on top of the situation.

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Colorado Legislature Introduces Mandatory Safe Gun Storage Bill

Colorado Legislature Introduces Mandatory Safe Gun Storage Bill

In a Facebook post, Colorado State Representative Monica Duran announced that she has introduce a “Safe Gun Storage” bill along with State Representative Kevin Mullica.  HB20-1355 Secure Storage of Firearms can be found here.

In Duran’s post, she states:

I am proud to be running Safe Gun Storage alongside Representative Mullica, being introduced today. Gun suicide claims the lives of 23,000 Americans annually, including 1,100 children and teens, making it a public health crisis in the U.S.

In over 80% of youth suicides involving a firearm, the gun belonged to a family member. Approximately 90% of suicide attempts involving a firearm end in death, compared to 4% for attempts not involving a firearm.

Every day, eight children are unintentionally shot or killed by a gun. A study found that households that locked both firearms and ammunition had an 85% lower risk of unintentional gun deaths compared to those who lock neither.

I look forward to improving public safety in our communities with this bill, and thank you to all of the advocates with Moms Demand Action who were able to join us today!

I am proud to be running Safe Gun Storage alongside Representative Mullica, being introduced today. Gun suicide claims…

Posted by State Representative Monica Duran on Friday, March 6, 2020


Constitutionality:

There are obviously some serious questions about what this law will look like and how bill sponsors plan to get around constitutionality.

Attorney Joseph Greenlee of Steamboat Springs has already written about this issue.  In a January 8, 2020 article for Complete Colorado he states:

“Safe storage” laws are unconstitutional because they prohibit immediate self-defense in the home. In 2008, the Supreme Court struck down a law requiring that firearms be kept inoperable in the home, because it “makes it impossible for citizens to use them for the core lawful purpose of self-defense and is hence unconstitutional.” A “safe storage” law is another “prohibition against rendering any lawful firearm in the home operable for the purpose of immediate self-defense,” and is unconstitutional for the same reason.

Moreover, the Supreme Court has placed strict limitations on the government’s ability to regulate private conduct within the home. For example, the sanctity of the home prevents government from criminalizing the in-home possession of obscene materials (Stanley v. Georgia), homosexual conduct within the home (Lawrence v. Texas), and the use of contraception (Griswold v. Connecticut).

Indeed, the Supreme Court has acknowledged that the Constitution provides “protection against all governmental invasions of the sanctity of a man’s home and the privacies of life.” How Americans decide to store their arms inside their homes is therefore layers of constitutional protection beyond the reach of government.

Suicide:

A glaring hypocritical statement Duran makes is in relation to suicide. According to the CDC, there were 725 firearm suicides nationwide in 2018 for children aged 17 and under, while for that same age group there were 923 suicides by hanging/suffocation.  Colorado’s teen suicide rate has increased by 58% in 3 years and not because of firearms.  In 2018 for ages 0-19 there were 95 total suicides in Colorado, 48 of those were by hanging and 47 were by all other means which include intentional overdose, firearm, and others.  Simply restricting access to firearms does nothing to address the suicide rate and will only push these teens toward other methods.  Until we get to the root cause of suicide, it will not stop.

That said, Colorado’s suicide rates matter and we should all care.  There are private organizations who already work with gun owners in crisis or who worry someone in their home may be in crisis.  Hold My Guns is a private group who is working to partner with FFL’s and police departments to offer a place people can store firearms during a crisis.  There are also multiple suicide prevention hotlines. And recently CU Anschutz unveiled an interactive map that shows out-of-home gun storage facilities for this exact reason.  WTTA.org also offers non-crisis support to gun owners.

And then there are the crisis lines:

National Suicide Prevention Lifeline: Call 1-800-273-8255, or chat online
Veterans Crisis Line:  Call 1-800-273-8255 and press 1, text 838255, or chat online

Accidental Deaths:

Accidents are the result of negligence. Since 1993, gun-accident fatalities have fallen 74 percent. You’ll be hard pressed to find a metric the CDC is tracking that shows such a remarkable trend in the positive direction. For example, you’re fifteen times more likely to be killed as a pedestrian than you will because of a gun accident (2017: 7450 pedestrian vs 486 gun accident). And to make this fact even more remarkable, this reduction in gun accidents happened solely from within the gun community without any intervention from the CDC, the medical establishment, or law enforcement.

Gun owners—and by this I mean law-abiding gun owners since a non-law-abiding gun owner is by definition a criminal—have on their own recognized the need for enhanced gun safety, that alcohol and guns don’t mix, and the need for safe storage to prevent handling by children and to prevent theft. Years ago, safe storage was hiding your guns in the bedroom closet; today gun owners brag about their gun safes.

Don’t take my word for it as the John Hopkins School for Gun Policy and Research says that: “…gun owners who purchase a firearm legally, generally are even more law-abiding than your average person.”

There are also statutes within Colorado Child Abuse law that mandates consequences for parents whose children accidentally cause harm to themselves or others via firearms.

Enforcement:

Lastly, we will need to spend some time reading into the bill language to determine how they intend to enforce this law, as well as who will be required to own a gun safe.  Will it be every gun owner regardless of whether or not they have children?  That’s like saying every car sold must also include a car seat, regardless if the person purchasing the vehicle and car seat will ever need it.

In addition, we’ve already seen here in Colorado that storage doesn’t stop criminals.  The perpetrators in the 2018 STEM School shooting busted into a gun safe using a crow bar and an ax.  They then took the guns to the school where they were stopped by an armed security guard after killing one student.

An accompanying piece of legislation is also expected to be introduced: Mandatory Reporting of Lost and Stolen Guns.  We can already see how they intend to use these laws together.  If you leave your gun in your car while you go into a gun free area such as your child’s school, and it’s stolen, as soon as you report it you will be asked why it wasn’t being “safely stored”, and criminal charges will ensue.  This will only mean less people will report their guns stolen out of fear they will punished.  Punitive laws don’t work.

Stay tuned for more information as we get it, including when these bills will be scheduled for public testimony.  The easiest way to stay up to date is to subscribe to our email list and connect on social media.  Click here to get connected.

 

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CO Sheriff And Red Flag ERPO Critic Steve Reams Gets ERPO’d By Jail Inmate

CO Sheriff, Red Flag ERPO Critic, Steve Reams Gets ERPO'd By Jail Inmate : Rally For Our Rights

One of Colorado’s most outspoken critics of Colorado’s Red Flag ERPO law, Weld County Sheriff Steve Reams, has been red flagged using the new Extreme Risk Protection Order (ERPO) law – and it was an inmate who has been incarcerated in his jail since 2016 on serious drug trafficking charges who filed it – from jail.

On February 25, 2020 the inmate filed the petition. On the petition, which is public record, the inmate claims he falls under the law’s extremely broad definition of ‘household or family member’ by marking the box “I regularly reside or have resided with the respondent in the last 6 months”. I suppose there may be some validity to this, as he is housed in Sheriff Reams’ jail.

In the body of the petition the inmate states that “Sheriff Steve Reams is the rudder of the ship, and that ship being the S.O.G. who carry shotguns inside the jail”.  According to the inmate, these deputies carry these “deadly weapons 24 hours a day intimidating and threatening people for the most minor things, such as get on your bed.”  You can read the entire petition below.

The Weld County jail S.O.G. (Special Operations Group) is responsible for maintaining order in situations involving enhanced security risk.  The “shotguns” they carry are actually devices that fire less-than-lethal projectiles and are only carried by the specialized team of officers.

The petition was dismissed as soon as it landed on the desk of Judge James F. Hartmann, without allowing a temporary hearing where the petitioner would be present but the respondent would not be, and the case decided based on a preponderance of evidence.  The judge wrote an in depth statement as part of his dismissal order which in conclusion stated that the petitioner failed to provide any facts that either Sheriff Reams or his deputies were a “significant risk of causing personal injury to themselves or others in the immediate future” as is required by the law, and that the allegations made were not against any specific individual or Sheriff Reams himself, but instead were an attempt to prevent peace officers from carrying firearms within the jail.  The judge refused to address the threshold question of whether or not his residency inside the jail made him a qualifying petitioner.

In a radio interview with Peter Boyles of 710 KNUS today, Sheriff Reams said he found out about the petition when the dismissal order was emailed to him while he was out of town.  This is because according to the law the person being Red Flagged, the respondent, is not informed of the proceeding until AFTER the first hearing has taken place.

This is the second ERPO filed against a member of law enforcement since the Colorado law took effect January 1, 2020.  The first was filed on January 9, 2020 by Fort Collins resident, Susan Holmes, against a Colorado State University Police Officer who fatally shot her son in 2017.  Her son was carrying an 11 1/2″ bayonet hunting knife and had lunged at the officer before he was killed.  After a circus of a hearing, Holmes was charged with perjury for marking the box on her petition stating she was a ‘household or family member’ because her and the officer had a child in common.  It is far less clear if perjury charges in this new case filed against Reams would stick, as “residency” is not really defined within the scope of the law.

Weld County is one of Colorado’s ten largest counties with a large land mass and diverse demographic.

I myself hold law enforcement to high standards when it comes to excessive force, therefore I feel it should be noted Weld is one of only a few counties where the DA refuses to sign off on no-knock raids, and Sheriff Reams has a record of taking swift action in cases of excessive force.  In November 2019, two Weld County deputies were fired and one resigned after video surfaced of them using excessive force during an interrogation when the suspect refused to cooperate.  Two of them had been with the sheriff’s office for 15 years.  One of the deputies was charged with third degree assault.

Sheriff Reams has been sounding the alarm for over a year now on how Colorado’s poorly written Red Flag law can easily be abused and now he has lived it first hand.  He made international news when he told CNN he’d rather sit in his own jail in contempt than enforce an unconstitutional and dangerous Red Flag order.  Reams has been a great ally to us here at Rally for our Rights, even joining us on stage to speak against the Red Flag ERPO law at rallies as well as teaching seminars on the dangers of the law to gun owners and other concerned citizens.  He also helped lead the Second Amendment Sanctuary movement here in Colorado, of which more than half the state’s counties joined.

A burning question of mine that I’ve brought up many times: Why are these free to file?  Even a small filing fee would deter the most frivolous of cases.  Nothing else in the court system is free to file and even a Temporary Restraining Order is $97.

Proponents of Red Flag laws will undoubtedly point to this case as “working as it intended” since no one had their guns seized or their rights violated.  I would argue against that in several ways.  First, what an absolute waste of court time and taxpayer resources.  Second, how scary is it that these petitions are THIS easy to file?  And third, just as we saw in the Susan Holmes case, we’re again seeing how high profile individuals are naturally awarded protection from the abuses of the law.  If this had been an average citizen, unknown to the judge, and someone they had let crash on their couch for a couple weeks, we’d have a completely different story to tell.  And honestly, that is playing out in Colorado already.  This case is the eighteenth ERPO filed in less than two months and a repeal bill has been introduced into the Colorado State Legislature. That bill will get it’s first hearing on March 12, 2020.

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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VIDEO: Leftist Protester Wants AK-47 To “Mow Down” Gun Rights Activists

VIDEO: Leftist Protester Wants AK-47 To "Mow Down" Gun Rights Activists

A group called “Longmont Leads With Love” has been protesting every Saturday in the same spot since Trump was elected in 2016.  This group of mostly baby boomers come together in a small commons area at 6th and Main in Longmont, CO.  Their message varies from week to week and person to person, but wanting more gun control is always part of it.  These protests are regularly attended by Longmont City Council members and the city of Longmont even passed a bizarre anti-gun resolution last year.

Recently a handful of Longmont residents decided they were tired of these protesters going unchallenged and started a counter-protest group they’ve coined as “Longmont Leads With Logic“.  So now, while the so-called “Love” group protests, you will find the “Logic” group on the opposite side of the street with signs, flags, and some even openly carrying firearms.

In an attempt to better understand what the “Love” group wants, people from the other side attempt to have conversations with them.  This exchange was caught on video.  A woman dressed in a Handmaid’s Tale costume, who was apparently protesting Trump’s boot on her neck, stated that if she had an AK-47, she’d mow down all the counter-protesters across the street.  Not very “loving” if you ask us.

WATCH!

 

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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. 

 

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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“Red Flag” ERPO Community Informational Seminar w/ Q&A and Discussion

This is our second “Red Flag” ERPO community informational seminar. The first was a great success with a packed house and tons of questions!

During this seminar Rally for our Rights founder, Lesley Hollywood, will go over the facts about the law with a PowerPoint presentation. Attendees will be provided with an accompanying handout so they can easily follow along. Weld County Sheriff Steve Reams will then discuss the law from a law enforcement standpoint. Any and all questions are welcome and will be answered.

Topics covered will include: what is in the law, how it works, concerns about it, what gun owners need to know, and what to do if you are falsely ERPO’d.

Handouts will be provided, as well as resources.

The seminar will take place at the Anythink Wright Farms Public Library in Thornton, CO. It will be in the large meeting room.

FREE and OPEN TO THE PUBLIC.

RSVP preferred but not required. RSVP on Facebook here: www.facebook.com/events/621825881683226 or email RSVP to [email protected].

Donations always appreciated and help cover the costs of the venue, printing, and more. Donate here:  www.rallyforourrights.com/donate