In October 2021, I authored a guest editorial in my local newspaper surrounding the debate concerning Colorado’s “red flag” law. My opening sentences read: “The real fear about the ‘red flag’ legislation should not be the substance of the bill but the utter disrespect for the rule of law by certain law enforcement officers and elected officials who refuse to enforce it. Respect for the Rule of Law is a fundamental foundation of a free democratic society. It stands for the proposition that no person or entity is above the law.”

At the time, El Paso County Sheriff Bill Elder staunchly opposed the law due to his personal opinion that the law was unconstitutional despite citing no legal authority to support his position. To this day, the law has never been declared unconstitutional and remains in full force and effect.

Fast forward to Nov. 19, when five individuals were murdered and many were injured in Club Q in Colorado Springs by the same individual, who on a previous contact with El Paso County law enforcement, was in control of firearms and presented himself as a significant risk of causing personal injury to others. Despite knowledge of the serious threats the murderer presented, neither the El Paso County sheriff nor the El Paso district attorney chose to pursue the protections available under the “red flag” law or a conviction concerning obvious criminal behavior.

What we don’t know is whether any action taken against the murderer would have prevented the terrible tragedy that happened at Club Q. What we do know is law enforcement displayed a cavalier and dismissive attitude toward a duly-enacted law of the Colorado State legislature.

Several communities, including Colorado Springs, have designated their counties as “Second Amendment sanctuaries,” indicating their reluctance to enforce a law they wrongfully describe as unconstitutional. Such folly ignores the fact that Colorado Springs is not an entity unto itself and owes an obligation to protect anyone who is in the community regardless of their place of origin.

Unless I am mistaken, law enforcement officers take an oath of allegiance to support the laws and constitutions of Colorado and the United States. If I am incorrect, it should be incumbent upon law enforcement to define which laws they will not enforce so the citizens can be aware they are on their own.

To highlight the absurdity of those self-righteous law enforcement “leaders” who believe they are above the law, Weld County Sheriff Steve Reams previously pledged to go to jail rather than enforce the law. I would support his incarceration because that’s exactly where lawbreakers belong.

A thorough investigation of the circumstances surrounding the murderer’s initial confrontation with El Paso County authorities, including the district attorney’s office, is warranted and should be demanded by the citizenry.

Dennis Maes served 24 years as a 10th Judicial District judge in Pueblo and was chief judge for 17 of those years. He previously served as director of Pueblo County Legal Services, Inc.; as a public defender and as an attorney in private practice.