Colorado's controversial 'red flag' gun bill becomes law. Some sheriffs would rather go to jail than

[Eugene]

Source: CNN

Colorado's controversial 'red flag' gun bill becomes law. Some sheriffs would rather go to jail than enforce it

By Scott McLean and Sara Weisfeldt, CNN
Updated 1340 GMT (2140 HKT) April 13, 2019

(CNN) — Colorado's controversial "red flag" bill was signed into law by Democratic Gov. Jared Polis on Friday, with more than half of the state's counties declaring opposition to it and many sheriffs promising not to enforce it at all.

"This is a moment of progress," said Colorado House Majority Leader Alec Garnett, one of the legislation's four sponsors. "Today, we did something that was difficult and that is going to save lives."

Known as the "Extreme Risk Protection Order," the law will allow a family member, a roommate or law enforcement to petition a judge to temporarily seize a person's firearms if they are deemed a risk to themselves or others. Fourteen other states have passed similar legislation.

Still, the law now faces major hurdles, with a pro-gun lobby group promising to challenge it in court. Additionally, a growing number of sheriffs in the state have vowed to ignore the law when it takes effect next year, calling it unconstitutional.

-snip-

Read more: https://edition.cnn.com/2019/04/12/us/colorado-red-flag-gun-laws/index.html

[dogman]

1. They should go to jail if they ignore it and someone is killed.

They would be complicit with the murder or suicide.

[Laffy Kat]

2. Yep. I agree.

I live in Colorado and this is typical of our population, so many gun humpers out here.

[friendly_iconoclast]

6. How do you two feel about *these* sheriffs? Should they be fired for not enforcing state law?

One certainly hopes that no 'cafeteria Constitutinalists' are to be found at DU...

https://www.democraticunderground.com/1172207862

Sauce for the goose: NC sheriffs now oppose mandate to help ICE - but it's closer to becoming law

https://www.newsobserver.com/news/politics-government/article228789969.html

NC sheriffs now oppose mandate to help ICE – but it’s closer to becoming law

...House Bill 370 won approval from the state House on Wednesday just hours after the association announced its opposition.

The bill would require law enforcement agencies across the state to comply with detainer requests from U.S. Immigration and Customs Enforcement...

...After the House vote, Speaker Tim Moore’s office published a news release that included quotes from Rep. Destin Hall, a Caldwell County Republican.

“These sanctuary sheriffs are simply putting partisan politics ahead of public safety,” Hall said.

Compare to:

https://www.democraticunderground.com/10672014

https://www.abqjournal.com/1300209/ag-directs-sheriffs-chiefs-to-enforce-gun-law.html

AG directs sheriffs, chiefs to enforce gun law

SANTA FE — Attorney General Hector Balderas is warning sheriffs and police chiefs throughout New Mexico that they risk legal liability if they refuse to enforce the state’s new background checks law for gun sales.

The legislation, which takes effect this summer, emerged as one of the most fiercely debated proposals of the 2019 session, with sheriffs and their deputies turning out in force to testify against it. Some said they simply wouldn’t enforce it even if it became law.

But Balderas, a Democrat, sent a letter to every law enforcement agency in the state Thursday, warning them of a legal obligation to uphold the requirements outlined in Senate Bill 8, regardless of whether they agree with the legislation.

“As law enforcement officials,” Balderas said, “we do not have the freedom to pick and choose which state laws we enforce.”

One wonders what some of those that replied to the following threads might have to say about this

https://www.democraticunderground.com/10142272102

Washington state: at least 20 county sheriffs refuse to enforce new gun laws

https://www.democraticunderground.com/100211974552#post1

Lock him up.

https://www.democraticunderground.com/100211974552#post7

Fire all police who refuse to enforce the law

Fire them, lock them up, fine them. Fucking Nazis!

https://www.democraticunderground.com/1172207848#post3

Let's hope his wish is granted

[gejohnston]

4. I doubt that will happen,

because these laws have no 5A due process protections, and just legalizes "swatting". They were first pushed by an incompetent and corrupt POS that didn't use the authority he did have 39 times. It is more likely that someone will get killed at 5AM for a malicious and false report. In fact, there is evidence that has already happened in Maryland. Basically, a cousin didn't like the guy's politics.

[friendly_iconoclast]

5. Control freaks of all sorts treat due process as something unpleasant they step in occasionally

I said it ten years ago, and I'll say it again:

https://www.democraticunderground.com/discuss/duboard.php?az=show_topic&forum=118&topic_id=181522#182329

Guess what? Civil rights aren't just for "our sort of people"

Edited on Sat Aug-02-08 01:04 AM by friendly_iconoclast
There is a very long history in American jurisprudence of people defending the civil rights of
people they wouldn't have over for dinner. Or who wouldn't have *them* over for dinner.

From John Adams (accused British soldiers in the Boston Massacre), to
the ACLU (Illinois Nazis vs. the city of Skokie), to Sabin Willett (prisoners at Guantanamo).

I wouldn't defend Razzano as a person. I would, however, defend his rights no matter how odious his ideologies.

See: Goose and gander, sauce for.

[harumph]

3. Then go to jail and be fired.

[Paladin]

7. Hope those sheriffs are happy, now.

With that armed nutcase woman wandering around Denver.

[gejohnston]

8. She is under 21

so she can't legally buy a handgun in any state, and she isn't a Colorado resident, so she can't legally buy any firearm. Also, she made violent threats. These laws are not relevant to this case.

[Straw Man]

9. Residency?

... and she isn't a Colorado resident, so she can't legally buy any firearm.

Unless something has changed that I'm unaware of, there is no residency requirement to buy a long gun in Colorado. You have to show ID and undergo a background check, but you can be resident of any state.

[gejohnston]

12. have to comply with the laws of the state of origin,

21 to buy long guns in Florida plus three day waiting period.

[Straw Man]

14. Ah, right.

I forgot that Florida went to 21. Is the three-day waiting period for all long gun purchases, or only by under-21s?

[Paladin]

10. And yet she acquired a shotgun in Colorado. Imagine that. (nt)

[gejohnston]

11. Give me a couple of hundred of British pounds

and a couple of hours, I'll bring you a bag of dope and a gun. guns are tightly restricted and full autos are banned in most European countries, you can buy machine guns at the Brussels train station.

[flamin lib]

13. Not so. Due to gun lobbying fed laws

Have been weakened and states can offer reciprocity for gun purchases. CO and FL are two states that do so.

[Straw Man]

15. Please cite specific laws.

What fed laws regulating face-to-face purchases of long guns from a federally licensed dealer by an out-of-state resident have been weakened? I am not aware of any.

[gejohnston]

16. has to comply with state law of buyer,

Have to be 21 and three day waiting period to buy a shotgun in Florida.