Riverwalk in Pueblo, Colorado

The Riverwalk area of Pueblo.

PUEBLO -- City Councilman Mark Aliff did not have any support among his cohorts on the council to approve, or even get to a vote on, a resolution he introduced protesting the "red-flag" gun bill that has been making its way through the Colorado legislature.

Aliff made a motion to vote on the resolution after it was read by the city clerk, but no council member seconded his motion, so the resolution died before even being voted on.

Council members must make a motion and have it seconded before any action is taken on a resolution or ordinance.

Numerous members of the crowd at the council's meeting Monday night stood up and applauded when the resolution died. A few individuals expressed disappointment about the action, as some urged for someone to second Aliff's motion so the council would have to vote on the resolution.

Calling the "red-flag" bill, House Bill 1177, known as the Extreme Risk Protection Orders, unconstitutional, Aliff told The Pueblo Chieftain last week that he was introducing the resolution because he believes he has a duty to uphold the nation's and state's laws.

The resolution the council shot down Monday stated that the bill has "many legal flaws which violate the Second Amendment."

Some of the examples of those flaws cited in the resolution include that a judge can order that guns be seized without notice to the gun owner and without the gun owner appearing in court; that law enforcement can forcibly enter a gun owner's home and seize a firearm with no evidence of a crime being committed by the gun owner; and that a protection order keeps the person named in it from legally possessing, purchasing or receiving a firearm for 364 days.

HB 1177 would let law enforcement or household members seek a court order to temporarily remove firearms from someone believed to be a high risk of harm to themselves or others.

If approved, a subsequent court hearing would be held to determine whether to extend the seizure, which could be up to 364 days.

The bill also would leave it up to the person whose guns were seized to prove at any point that he or she no longer poses a risk.

The Senate was scheduled to take a final vote on the measure Tuesday. If passed, the bill would return to the House -- where a previous version already passed -- for concurrence on amendments.

Similar resolutions to the one Aliff proposed for the city of Pueblo have been presented and approved in counties and cities across the state, including in Fremont County.

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