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Sanctuary counties in CO filing red flag petitions


Euler

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CNN

CNN said:

Dolores County [Colorado] Sheriff Don Wilson never expected to use Colorado's red flag law when it was passed in 2019. He thought the law made it too easy to take a person's guns away.

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Then, in August 2020, a Dove Creek man threatening to kill his neighbors and himself pointed a semiautomatic rifle at a deputy. Wilson petitioned for and was granted an extreme risk protection order to remove the man's weapons, though the sheriff said his mistrust of the red flag law has not changed.

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Similar opposition was seen in Colorado, where Dolores County and at least 36 other counties declared themselves "Second Amendment sanctuaries" after the red flag law was introduced.

 

But 2½ years later, those declarations appear to have had little effect on whether protection orders based on the law are filed or enforced. Petitions for protection orders have been filed in 20 of the 37 sanctuary counties, often by the very sheriffs who had previously denounced the law, according to a KHN analysis of the petitions obtained through county-by-county public records requests.

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Duke University researchers found that for every 10 gun removals, one death is prevented. An analysis from the University of Indianapolis found similar reductions in suicide rates after red flag laws were passed in Connecticut and Indiana.

 

Another analysis, by researchers with the Injury & Violence Prevention Center at the Colorado School of Public Health, found that in the first year of the Colorado red flag law, 85% of protection orders granted by judges had been filed by law enforcement.

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In Colorado counties where sheriffs have declined to use the red flag law, protection orders have been filed by other law enforcement agencies. Weld County Sheriff Steve Reams has been one of the more vocal critics of the law and made national news saying he'd rather go to jail than enforce it. Nonetheless, 12 petitions were filed in Weld County, including two by municipal police departments.

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Other petitions filed by citizens were clearly outside the intent of the law.

 

Prisoners in county jails filed petitions against their sheriff jailers, including one who accused the sheriff of slavery.

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Even before the Colorado law was passed in 2019, Alamosa County's Board of County Commissioners passed a Second Amendment sanctuary resolution reinforcing the county's commitment to the right to bear arms. Afterward, Sheriff Robert Jackson issued a statement in support of the resolution, saying the red flag bill lacked due process, didn't address mental health concerns, and would put his deputies at increased risk.

 

Since then, Alamosa County judges have granted two petitions under the law, one from the county sheriff's office and one from the Alamosa Police Department.

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On 6/29/2022 at 9:53 PM, Euler said:

 

So because it's CNN, does that mean sheriffs are not violating their own counties' sanctuary resolutions?

 

Kaiser Health News did the original report.

 

all I have is CNN CLAIMING that they did.  To me CNN's word ain't worth zip.

 

Who's dog robber is Kaiser Health News? Ain't that commiefornia? What is their stated 2nd amendment stance? What is their defacto 2nd amendment stance?

 

 

The "news"  blithely repeats others lies as fact. Fact checking of REAL journalism is dead, Fact checking is now just a political instrument.

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On 6/29/2022 at 11:26 PM, markthesignguy said:

all I have is CNN CLAIMING that they did.  To me CNN's word ain't worth zip.

 

I have to agree with this, can't trust anything that comes out of CNN. From what I hear they got that message and are supposedly going to change, until I see actual unbiased news and reporting coming from CNN. CNN lines up there with the Daily Karen (Daily herald in illinois), always pointing out evil Republicans this and that, but hardly ever anything about Democrats unless it to spin and boast about some socialist policy.

So that's bird cage liner or potty pads for your pets IMO.

 

They do it to themselves.

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I didn't read the article but why do you need to use a red flag law when clearly a crime has been committed as the Sheriff claims

 

Quote

Then, in August 2020, a Dove Creek man threatening to kill his neighbors and himself pointed a semiautomatic rifle at a deputy. Wilson petitioned for and was granted an extreme risk protection order to remove the man's weapons, though the sheriff said his mistrust of the red flag law has not changed.

 

Just charge him for those crimes. This doesn't pass the sniff test, either the Sheriff is incompetent or is using the red flag law to circumvent this possible criminal's due process rights.

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On 6/30/2022 at 4:07 PM, starwatcher said:

I didn't read the article but why do you need to use a red flag law when clearly a crime has been committed as the Sheriff claims

 

 

Just charge him for those crimes. This doesn't pass the sniff test, either the Sheriff is incompetent or is using the red flag law to circumvent this possible criminal's due process rights.

BINGO!

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On 6/30/2022 at 4:07 PM, starwatcher said:

I didn't read the article but why do you need to use a red flag law when clearly a crime has been committed as the Sheriff claims

 

Just charge him for those crimes. This doesn't pass the sniff test, either the Sheriff is incompetent or is using the red flag law to circumvent this possible criminal's due process rights.

 

If a person commits a crime with a firearm, law enforcement can seize that firearm, but not necessarily all firearms the perpetrator may own. Due process requires that the perpetrator at least be arraigned before his civil liberties can be suspended (e.g., surrendering all firearms as a condition of bond) or have a hearing to determine mental competence, if that's the complaint. Red Flag laws short-circuit that by allowing law enforcement to seize the firearms before any arraignment or hearing.

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On 6/30/2022 at 4:29 PM, Euler said:

 

If a person commits a crime with a firearm, law enforcement can seize that firearm, but not necessarily all firearms the perpetrator may own. Due process requires that the perpetrator at least be arraigned before his civil liberties can be suspended (e.g., surrendering all firearms as a condition of bond) or have a hearing to determine mental competence, if that's the complaint. Red Flag laws short-circuit that by allowing law enforcement to seize the firearms before any arraignment or hearing.

 

So this went down as;

 

Person likely committed a gun crime.

 

Deputy left, wrote a report about this person pointing a gun at him.

 

Sheriff went to judge to get a red flag order before the individual was in custody.

 

This still doesn't pass the sniff test.

 

They should have gotten a warrant for his arrest if the deputy left the scene without making an arrest, going the red flag route doesn't make sense.

 

Based on my Law & Order: SVU law degree

 

Deputy should have arrested the individual or gotten backup to assist with the arrest. The individual should be booked and arraigned which will strips him of his firearm rights, likely through a search warrant before he his allowed to be bailed out.

 

I'm going to go out on a limb and say that crime never happened. Easier for a deputy/sheriff to lie in a red flag hearing than an actual court case

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On 6/30/2022 at 5:48 PM, starwatcher said:

 

So this went down as;

 

Person likely committed a gun crime.

 

Deputy left, wrote a report about this person pointing a gun at him.

 

Sheriff went to judge to get a red flag order before the individual was in custody.

...

 

I doubt that the deputy didn't arrest someone who pointed a firearm at him, but the story doesn't say. It's possible that the deputy was alone and chose to get backup before attempting an arrest. Meanwhile the sheriff got a red flag order. We only know that the sheriff got a red flag order in that case, because court records show he did.

 

The point of the story is that sheriffs who supposed bought in to the sanctuary county idea are using red flag laws. In CO, on a county by county basis, it's over half the counties (20 of 37).

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