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El Paso County declared ‘2nd Amendment preservation county’ as legislature weighs red flag gun bill

By 03/12/2019 | updated 7 years ago

El Paso County commissioners unanimously passed a resolution on Tuesday declaring the county a “Second Amendment preservation county.”

The declaration comes as the state Legislature considers a bill, known as the “red flag” bill, which would allow a judge to order the confiscation of firearms from someone found to be a danger to themselves or others.

Commissioners said that the bill violates resident’s constitutional rights, including the right to bear arms and the right to due process.

El Paso County commissioners unanimously passed a resolution on Tuesday declaring the county a “Second Amendment preservation county.”

The declaration comes as the state Legislature considers a bill, known as the “red flag” bill, which would allow a judge to order the confiscation of firearms from someone found to be a danger to themselves or others.

Commissioners said that the bill violates resident’s constitutional rights, including the right to bear arms and the right to due process.

Under House Bill 1177, a family or household member or law enforcement officer could petition a court for a temporary “extreme risk protection order” if they can demonstrate that a person poses a significant risk to themselves or others by possessing a firearm.

By passing the resolution, commissioners demanded that “that the Legislature cease and desist any further actions restricting the Second Amendment rights of citizens and instead address the real and fundamental challenges of mental illness in our communities.”

The resolution also threatens legal action if the law passes and states that commissioners will not “appropriate funds, resources, employees or agencies to initiate unconstitutional seizures in unincorporated El Paso County.”

At a public hearing, several residents urged commissioners to oppose the bill, calling it a thinly-veiled attempt to confiscate guns from citizens who have the right to have them.

Others asked that the county not to challenge the red flag proposal if it becomes law, saying the policy has the potential to prevent suicides and other firearm deaths.

“I do not understand why you, as the Board of County Commissioners, don’t want to save lives,” said resident Deborah Griffin, who said similar laws have prevented suicides in more than a dozen other states.

At least four other Colorado counties – Weld, Montezuma, Fremont and Custer – have declared themselves Second Amendment sanctuaries in response to the red flag bill. 

Teller County commissioners approved a resolution Thursday affirming the county “fully supports the Second Amendment rights of all Teller County citizens and will endeavor to protect the inalienable and individual right to keep and bear arms in Teller County.”

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Rachel Riley, The Gazette

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