Oh, it’s a Red Flag all right.
More than two dozen counties in Colorado have taken a page from the left’s playbook by declaring themselves “Second Amendment sanctuary counties” in anticipation of the passage of a bill that allows local governments to seize people’s guns without due process.
In February, Democrats in the Colorado legislature introduced HB19-1177, commonly known as the Red Flag bill. The law allows the government to seize firearms from a law-abiding owner after as long as a petitioner “establishes ” by a preponderance of the evidence that the gun owner “poses a significant risk to self or others.”
The subhed calls Red Flag “an insane idea ripe for abuse,” which it is. But abuse, of course, is the whole point.
The petitioner only has to meet the “preponderance of the evidence” standard, which is a lower standard than the “beyond a reasonable doubt” standard used in criminal trials. It basically asks whether the petitioner’s proposition is more likely to be true than not true. This is the same standard that kangaroo courts for campus sexual assault and harassment rely on, per the guidance of the Obama administration.
Second, the Red Flag bill ensures gun owners, not their accusers, bear the burden of proof, and makes it very difficult for the gun owner to defend his or her constitutional right to bear arms. The owner is completely unaware a petition has been filed against him until the police show up to confiscate all his firearms. Since a search warrant is issued at the same time a temporary extreme risk protection order (ERPO) is issued, the police may search the house even after the owner surrenders his firearms.
There’s more, and worse, from there. But then comes the good news.
In anticipation of the bill’s passing, more than two dozen Colorado counties, including Douglas County, the seventh-most populous county in Colorado, passed “Second Amendment Sanctuary” resolutions. Many did so at the request of their duly elected sheriffs.
These counties affirm their support for their sheriffs “in the exercise of his sound discretion to not enforce against any citizen an unconstitutional firearms law.” They also promise not to appropriate government funds to build storage facilities for firearms seized by law enforcement. More counties are either considering similar measures or, like Arapahoe County, the third-most populous Colorado county, waiting for the final wording of the bill to decide the best course of action.
Facing increasing opposition from counties, Colorado Attorney General Phil Weise, a supporter of the Red Flag bill, dismissed the resolutions as something that couldn’t override a state law.
But state law can override the US Constitution, huh? I see, I see.
He said sheriffs in those counties should resign if they refuse to follow the law.
As should all elected officials responsible for turning illegal-alien “sanctuary cities” and states into shit-strewn, disease-ridden Third World hellholes, amIright? Ohnononono, of course not. That’s diff’runt.
It’s interesting that the left now pushes back against gun sanctuary counties by using similar language to what conservatives have said about immigration sanctuary cities—”Our nation and state depends on the rule of laws” and “Everyone must obey the law.” But there is a fundamental difference between sanctuary on the left versus that on the right.
The left supports illegal immigrant sanctuary because they don’t want to obey federal laws they don’t like. They choose to protect law-breakers who may pose security threats to communities and law-abiding citizens. The left supports the Red Flag bill and opposes the gun sanctuary counties because they oppose gun ownership and Second Amendment rights. Once again, they rely on a state law to disobey federal laws they don’t like.
Basically, the Left wants its way, and is perfectly happy to pervert, debase, and ignore any law, precedent, or principle to get it. They’ll deal with the chaotic dysfunction they create later—maybe. Just let ’em get us all under control first, then they’ll see about “fixing” things for us.
Colorado isn’t alone in this fight. A similar Red Flag bill is working though the New Mexico legislature right now. Twenty-nine out of 33 sheriffs there signed a letter disapproving of the bill, and 24 counties have passed a Second Amendment sanctuary resolution, affirming their support of their sheriffs not enforcing what they view as unconstitutional gun control legislation.
What’s happening in Colorado and New Mexico has national implications because similar Red Flag bills passed in at least eight blue states in the United States in 2018, including New York, New Jersey, and Illinois. In recent testimony before the U.S. Senate Judiciary Committee, David Kopel, a Constitution scholar at the Independence Institute, said “Nearly a third of such orders are improperly issued against innocent people.”
Conservatives in these blue states have been looking for ways to push back against aggressive gun control legislation that they believe infringes upon their constitutional rights. Now Colorado and New Mexico have shown them what they can do.
As good a move as this one is, I’m afraid we’re all going to have to step up and do a lot more before a whole lot longer. Until it’s shown to be painful—even fatal, most likely—for them to mess with us, they will NEVER stop doing so.