Colorado judge dismisses legislative challenge to red flag law

Colorado judge dismisses legislative challenge to red flag law

Colorado Rep. Tom Sullivan, D-Aurora, left, reacts after getting one of the pens used by Colorado Gov. Jared Polis, right, to sign a bill to allow Colorado to become the 15th state to adopt a "red flag" law allowing firearms to be taken from people who pose a danger, during a ceremony in the state Capitol on April 12, 2019. Most bills that Polis signed at high-profile ceremonies like this got lots of media attention, but hundreds of others didn’t. On narrow legal grounds, a Denver district court judge dismissed a challenge to Colorado’s 2019 “red flag” law, finding that there was no question of a Second Amendment violation, but rather a “political question” about legislative rules. The law establishing extreme risk protection orders allows a court to temporarily remove a person’s firearms if they post a danger to themselves or others. Known as the red flag law, conservatives derided it as unconstitutional and some sheriffs indicated that they might abstain from enforcing it. During the second reading of House Bill 1177 in March 2019, Reps. Dave Williams, R-Colorado Springs, and Lori Saine, R-Dacono, asked for the bill to be read in its entirety. The debate chair ruled that both requests were improper . Williams and Saine, who were plaintiffs on the lawsuit along with House Minority Leader Patrick Neville, R-Castle Rock, and Rocky Mountain Gun Owners, claimed that the House violated the constitutional requirement to read bills “at length” unless there was “unanimous consent” to waive the reading. […]

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