Colorado Gun Confiscation Kills the 4th and 5th Amendment
Jose Nino
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Rally for Our Rights just uncovered one of the most tyrannical aspects of Colorado’s HB19-1177:”Red Flag” Emergency Risk Protection Orders
In these 30 pages chocked full of Second Amendment infringements, there is language that targets gun in particular through the creation of civil search warrants. Rally for Our Rights explains:
This civil search warrant would be issued along with the initial temporary ERPO, meaning the very first contact between law enforcement and the accused would be a search of the home with the goal being to confiscate firearms.
Currently, search warrants tend to be issued for only criminal reasons, although there are a few exceptions.
Rally for Our Rights expanded:
According to mountains of existing case law, search warrants are granted by convincing a neutral and detached magistrate that they have probable cause to believe that criminal activity is occurring at the place to be searched or that evidence of a crime may be found there. Anything that strays from this definition is a blatant violation of the Fourth Amendment.
Red flag orders are issued based on accusations by a petitioner who calls in and does not have to pay a filing fee. On top of that, such a petition requires the flimsiest of accusation standards:
Especially when factoring in who can petition the court for an ERPO, that being: a family member, a spouse, a girlfriend/boyfriend, an ex-spouse, an ex-girlfriend/boyfriend, a roommate, a former roommate, anyone the accused has been intimate with even if they have never resided together, grandparents, stepparents, stepchildren, step-siblings, and anyone in law enforcement.
The accusations can range from fear someone will harm themselves, or harm others (and not necessarily with a firearm), to simply owning a gun or talking about purchasing one.
Red flag law’s re-branding as Emergency Risk Protection Orders (ERPO) is a clever rhetorical sleight of hand to lull the public into accepting these clear violations of due process and 4th Amendment rights.
Sadly, red flag laws have made quick progress nationwide since the Las Vegas and Parkland shootings, with traditionally pro-gun states like Florida adopting their own iterations.
With a Democratic trifecta in control of the Colorado legislature, the chances of this law passing are high.
The goods news is that several counties have stepped up to Colorado’s gun control despotism by refusing to carry out red flag laws.
Hopefully, more counties follow suit in rejecting this gun control abomination in the Rocky Mountain State.
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