House Majority Leader Garnett says red flag bill protects due process

House Majority Leader Garnett says red flag bill protects due process

Gun Rights

DENVER – House Majority Leader Rep. Alec Garnett is defending the red flag bill he co-sponsored as multiple sheriffs and boards of county commissioners from Southern Colorado have come out in opposition to the legislation. House Bill 1177 creates Extreme Risk Protection Orders which use the state court system to temporarily take away guns from someone believed to be a risk to themselves and others. El Paso County Sheriff Bill Elder , Fremont County Sheriff Allen Cooper , and Custer County Sheriff Shannon Byerly have all raised concerns about what they see as due process violations in the legislation. Yet Garnett said he hasn’t heard from any of them. “My door has always been open,” he said. “So, for all of these folks who are in your viewing area: come talk to me, come sit down with me, give me a call. No one’s called.” The process for gun removal, as described in the legislation , is for a law enforcement officer or a family member to ask a judge for the ERPO. The orders may be requested and granted in what lawyers call an ex parte, meaning the gun owner does not have to be notified. Garnett explained that the police chiefs and sheriffs he worked with in drafting the bill wanted it to be done this way. “If you give them notice that, hey, we’re going to be coming over in 7 days, all you do is you escalate the danger and you escalate the timeline,” Garnett […]

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