For those of you not familiar with Colorado’s Extreme Risk Protection Order [ERPO] law… aka “Red Flag” law… it is notorious for being one of the most poorly-written laws in modern history, and contains massive heaps of Constitutional rights violations spanning far beyond the 2nd Amendment.
The CO ERPO contains piles of ambiguity, grants the court unilateral powers over the forfeiture of individual rights and property, it allows for ex parte hearings in which the accused are not notified or allowed to defend themselves, it allows for law enforcement and family to request the removal of a person’s property based solely on a verbal accusation, without any physical evidence whatsoever and without any actual crime being committed. And despite claims to the contrary, it places the burden of proof on the accused, not the accuser [ie: guilty until proven innocent]. Basically, it’s like #MeToo, but for gun owners.
Last but not least, the ERPO allows for a virtually indefinite term of punishment for the “pre-crime” that the person hasn’t committed yet… 364-days per order, and the orders can be renewed an unlimited number of times. Meaning that your accuser could, in theory, have you disarmed for life should they have the determination to do so.
Thanks to this new “gift” from the Colorado State Legislature and Gov. Jared Polis [D], law enforcement have broad new powers to bypass a person’s 2nd, 4th, 5th, 6th, 7th and 8th Amendment rights, along with possibly the 1st Amendment, since you can be “Red Flagged” for merely saying the wrong thing… or if so inclined, the police can simply tell the court you said the wrong thing, whether you did or not.
It should be no surprise that the infamous Denver Police Dept. were the first in line to wield their big new stick. They were clamoring at the opportunity to remove the bridle of Constitutional checks to their power, standing first in line at the courthouse on Jan 2nd, 2020 to file the first-ever ERPO in CO history. All of this came just hours into the first business day that the new law was in effect.
In this first case, it appears the Denver Police may have requested the ERPO after failing to get an alcohol-related charge to stick [who knows what the real story is?]. And, it appears that the judge approved it based primarily on an officer’s verbal accusation. If an officer can erase most of your Bill of Rights with a simple verbal accusation, the Bill of Rights no longer exists.
… but at least a few folks can ‘feel’ safer.
Amendment 1 VIOLATED
– Freedom of Religion, Speech, and the Press
Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof, or abridging the freedom of speech or of the press, or the right of the people peaceably to assemble and to petition the government for a redress of grievances.
Amendment 2 VIOLATED
– The Right to Bear Arms
A well-regulated Militia being necessary to the security of a free State, the right of the people to keep and bear Arms shall not be infringed.
– The Housing of Soldiers
No soldier shall, in time of peace, be quartered in any house without the consent of the owner, nor in time of war but in a manner to be prescribed by law.
Amendment 4 VIOLATED
– Protection from Unreasonable Searches and Seizures
The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures shall not be violated, and no warrants shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized.
Amendment 5 VIOLATED
– Protection of Rights to Life, Liberty, and Property
No person shall be held to answer for a capital or otherwise infamous crime unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property without due process of law; nor shall private property be taken for public use without just compensation.
Amendment 6 VIOLATED
– Rights of Accused Persons in Criminal Cases
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor; and to have the assistance of counsel for his defense.
Amendment 7 VIOLATED
– Rights in Civil Cases
In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise reexamined in any court of the United States than according to the rules of the common law.
Amendment 8 VIOLATED
– Excessive Bail, Fines, and Punishments Forbidden
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
– Other Rights Kept by the People
The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people.
– Undelegated Powers Kept by the States and the People
The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.