Gun Rights Group Sues To Overturn Colorado’s Anti-Gun Red Flag Law

According to Gunpowder Magazine, Rocky Mountain Gun Owners is fighting back against Colorado’s newly passed red flag gun confiscation scheme.

Dudley Brown, Rocky Mountain Gun Owners (RMGO) Executive Director, said, “We will prove in court that House Democrats refused to respect the Colorado Constitution when they refused to read HB19-1177 at length.”

The head of the gun group cited the House Democrat’s disregard for the legislative process and due process as some of the key grievances addressed in this lawsuit.

Brown added:

Their disregard for the legislative process is as concerning as their blatant disregard for due process and the Constitution.

HB 1177 was recently signed into law by Colorado Governor Jared Polis. This red flag gun confiscation bill allows individuals to petition a court to confiscate someone’s weapons if they consider them to be a threat to themselves or others.

A court subsequently carries out an ex parte hearing, where those petitioning for a gun confiscation order against someone must provide evidence that the respondent presents a danger to himself or the community.

The respondent is not informed of the hearing, but still has to shoulder the burden of proving their innocence.

An RMGO press release declared the following:

[Brown] announced that Colorado’s largest pro-gun organization was filing suit to void the enactment of HB19-1177, the so-called ‘Red Flag’ Gun Confiscation scheme, citing a violation of the state constitution by State House Democrats during the passage of the bill.

Brown and RMGO are not alone in this lawsuit:

Brown and RMGO are joined in the suit by House Minority Leader Patrick Neville, and State Representatives Lori Saine and Dave Williams. RMGO’s attorney Barry Arrington will argue before the Denver District court that the refusal by Democrat leadership in the state house to read HB19-1177 at length when requested by both Representatives Saine and Williams constitutes a violation of the state constitution. Article V, section 22 of the Constitution states: Every bill shall be read by title when introduced, and at length on two different days in each house; provided, however, any reading at length may be dispensed with upon unanimous consent of the members present.

Brown then concluded:

RMGO is committed to working with legislators to ensure the legislative process is upheld, and House Democrats are held accountable for their flagrant and pernicious violation of the Constitution.

When it passed its red flag law on April 12, 2019 Colorado became the 15th state with the law on the books.

Now, red flag gun confiscation is gaining ground at the federal level with Lindsey Graham drafting his own legislation.