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The Larimer County Commissioners and Sheriff Justin Smith outlined their concerns with a so-called "red flag" bill in a letter to state legislators. The bill, which is making its way through the legislature, would allow courts to order the surrender or seizure of firearms from individuals deemed to be a risk to themselves or others.
The Larimer County Commissioners and Sheriff Justin Smith outlined their concerns with a so-called "red flag" bill in a letter to state legislators. The bill, which is making its way through the legislature, would allow courts to order the surrender or seizure of firearms from individuals deemed to be a risk to themselves or others.
The Larimer County Commissioners and Sheriff Justin Smith outlined their concerns with a so-called "red flag" bill in a letter to state legislators. The bill, which is making its way through the legislature, would allow courts to order the surrender or seizure of firearms from individuals deemed to be a risk to themselves or others.
LARIMER COUNTY | BOARD OF COUNTY COMMISSIONERS
"0 ow 100 Fr Cli, otra 8522-390, 979498730, avinerang
March 2, 2019,
‘ear Legislators and Senate State, Veterans, and Miltary Afars Committee Members:
‘We would lke to express our serious concerns with HB19-1177, the "ed flag gun bill nove being
considered inthe leglslature
‘The bill proposes a process to see firearms in certain situations in which a person Is deemed tobe a
anger to themselves or society. Any time we are contemplating government seizure of persons or
property it sinherent that we assure ath Amendment rights guaranteeing the reasonableness ofthe
seizure and 14th Amendment rights guaranteeing due process are honored. H839-1477 proposes
Implementing new civil process for government to see private property, and there are good reasons
to question the constitutional ofthese proceses,
As drafted, thsbill may escalate, rather than de-escalate, volatile situations. We do not support law
that increases the rik of police agencies getting into shootouts with citizens who have not committed a
crime, This ill makes thata very real possibility.
Further, It neues some very questionable as well ae same clearly uncanetiutonal aspects. Far
Instance, creates search warrants that order police officers to forcibly enter premises and seize a
citizen's property with no evidence ofa crime. Over the ast several decades, we have come to recognize
that we need to be more, not ls, judicious in how we use force in encounters with those suffering
‘mental health issues. Thisill represents a 180-degree reversal of those actions which are showing
favorable outcomes.
‘Additionally, the bil requires police to sete frearms that may be mutually owned by family members,
‘depriving them of thee right to their property. The current bil alo puts the burden on citizens to later
prove they ae it to have thelr firearms returned, This burden belongs to the state, nat the cizen
[better approach would be to improve the involuntary commitment laws and fund the mental health
serves necessary to protect our community, Larimer County and the state are increasing funding
Fights now to get at tat nee.
\We remain concemed with current stat laws an procedures about involuntary mental health holds
while peace officers have the authority o place involuntary holds on those who they belleve ae an
Imminent threat to themselves or ethers, all too often we find them released from the hospital within
hours with no treatment. That sytem is broken. Thsis where we should concentrate our efforts to
Improve public safety.Mareh 12,2018 ga
Page 2 a=
‘Asa Board of County Commissioners, we feel compelled to share our concerns with you as this
‘proposed procedure directly impacts the operations af local governments since these orders would not
be caried out by state troopers or CB agents, but by lealsherifs and police.
Sincerely,
‘mith, Latimer County Sheriff
‘Tom Donnelly, Chair
Larimer County Board of County Comnsioners
ce: Representative Jeni Amdt
Representative Cathy Kipp
Representative Hugh MKean
Represantathve Perry Buck
Senator Joann Ginal
Senator Rob Woodward
Senator Vicki Marble
Senate State, Veterans, and Miltary Affairs Committee