Colorado judge issues first denial for confiscation request under red flag law

Colorado judge issues first denial for confiscation request under red flag law

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A judge in Colorado has declined a motion to confiscate a man's guns under the state's red flag gun law for the first time since it took effect on Jan. 1.

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Red flag laws vary by state – in Colorado, law enforcement can file a request for an extreme risk protection order on suspicion that the reported person is a danger to himself or others. Once a petitioner signs an affidavit under oath, a temporary protection order is issued, followed by a court hearing within 14 days, where the judge determines whether the confiscation will be extended, with a cap of 364 days.

These laws have stirred a significant amount of controversy and pushback from critics who say they infringe on Second Amendment rights.

The request was filed by a woman who lives in Limon, CO and claimed the man in question, whom she had a relationship with, has a drinking problem, uses marijuana, and has verbally and physically threatened her with a handgun.

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It is unclear why the request was denied. Lincoln County, where Limon is located, has said it wouldn't follow the red state law and voted to become Second Amendment Sanctuary County. Rep. Alec Garnett, who co-sponsored the bill, said this is just an example that not every request will result in confiscation.

So far, four requests have been filed for temporary extreme risk protection in Colorado, including the one denied. One was filed in Denver, and others in Larimer and Lincoln Counties.

Comments: “I don’t think it’s going to be applied fairly. Anybody can say pretty much what they want about anybody else,” John Shearer told CBS4.

“Well if a person is not right in the head they shouldn’t have a gun — if they're sick in the head,” said Rory Coyne, who bought his first gun last weekend.

“Red flag laws just allow for harassment of legal gun owners ... I think it’s a good thing. I think any other new law you’re going to have a lot of case law to determine exactly where the lines are,” said Jak Gruenberg, a gun owner.

Photo credit: bradhoc

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