Posted on 02/28/2020 9:15:30 PM PST by real saxophonist
GREELEY, Colo. (KDVR) — A judge denied an extreme risk protection order that was filed against Weld County Sheriff Steve Reams.
The petition was filed by Leo Crespin, who is currently being held in the Weld County Jail for a number of drug-related felony charges.
Under Colorado’s new “red flag” law, any citizen can file to have someone’s firearms removed if they are believed to be a danger to anyone, including themselves.
A judge will decide if someone initially meets the criteria to have his or her guns taken away. This first hearing will be conducted ex parte, without the gun owner present.
A judge can decide if the situation warrants the sheriff and his or her deputies moving in to take guns away immediately without the gun owner’s knowledge and before a notice to appear in court can be given to the gun owner.
A petition for an extreme risk protection order requires the petitioner to have a connection to the respondent, such as being a blood relative, a marriage or domestic partner, or having a child in common with the respondent.
Under penalty of perjury, Crespin said he regularly resides or has regularly resided with Reams, as he lives in the jail of which Reams is in charge.
In the ERPO, Crespin accused Reams’ deputies of “excessively abusing inmates with these shotguns.”
Nineteenth Judicial District Chief Judge James F. Hartmann denied the order, thereby dismissing the case.
“The Court does not address a threshold question of whether Mr. Crespin, as an inmate of the jail, meets the definition of a household member of the law enforcement officers working at the Weld County Jail, as required by C.R.S. 13-14.5-102(2); instead, the Court concludes that Mr. Crespin has failed to provide any facts in his sworn petition that the officers employed at the jail pose ‘a significant risk of causing personal injury to self or others in the near future’ by simply carrying these items for purposes of maintaining jail security,” Hartmann wrote in his denial of the ERPO.
In an interview with conservative Denver radio station KNUS, Reams reiterated his disapproval of the “red flag” law.
“The law, as I’ve said many times over, is junk. I mean, it’s bad legislation at best. It’s wholly unconstitutional. But these are the things we all warned about and the supporters of the bill said it would never happen. And I think they would still argue ‘no one was harmed,'” Reams told KNUS, adding, “I think all those people that have had a petition filed against them and didn’t actually end up in court, it’s still damaging to their reputation.”
Just like the woman who claimed that because the cop killed her son, they had a 'child in common'.
sic semper tyrannis
Cases like this are what will lead government officials to rescind the law or at least not just grant them to everyone who asks.
It will also clog up the court system.
This idiot should be prosecuted like the last idiot.
She is probably going to do some jail time.
I posted this earlier.
“A scenario I don’t think the totalitarians have
considered;
I live in the same home as my son, (who uses MY guns),
and he has a red flag court order filed against him.
Will the Judge order confiscation even though the guns
belong to me and not my son? Or, would a court order
be filed against both of us even though I’ve done
nothing to warrant confiscation?”
Whithout registration, how will authorities be able
to determine who owens the weapons?
My property will be confiscated due to another persons’
actions.
The greater idiots are the Dems who passed the law in the first place and the Dems that put them in office.
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