Chaffee County Sheriff John Spezze submitted a letter to Chaffee County Commissioners late Tuesday evening, March 26, requesting that the county prepare a resolution declaring itself to be a sanctuary county in response to HB19-1177 Extreme Risk Orders Protection, commonly known as the Red Flag Bill. The bill is moving through the Colorado State Legislative; the House has passed it, and the bill is in the Colorado Senate. The final vote on the bill has been postponed twice, the latest delay occurring early Tuesday morning, March 26.
“The Chaffee County Board of Commissioners and the Chaffee County Sheriff’s Office has enjoyed a very positive working environment. We have always felt a tremendous level of trust and support from our BoCC and continue to do so,” read the letter. “I now stand here as the Chaffee County Sheriff requesting from our BoCC to consider drafting a resolution to join 30 other Colorado counties in becoming a sanctuary county in regards to HB19-1177.”
His letter went on to say “I do so with two very important issues in mind. Those issues are protecting our citizens from overzealous legislation that to me clearly violates their constitutional rights as referenced above. I also ask that you consider this to protect the safety of our law enforcement personnel and our citizens as well. I am confident that if this bill clears the Senate and it is signed into law the incidents of armed confrontations between citizens and law enforcement will in fact increase in number and we could quite possibly experience tragedy on one side or the other.”
Late last week, chair of the Board of County Commissioners Greg Felt and his fellow commissioners, together with Spezze, wrote a letter to our state representatives outlining 14 concerns with the Red Flag Bill as it stood. Spezze then indicated Saturday, March 23, during the Kerry Donovan town hall, that he would request this status if the Red Flag Bill were to pass. That same day, he was asked by the Felt to articulate in detail the problems that such a request would solve, not just the sanctuary request itself.
Spezze’s letter moves up his request for sanctuary county status. The Senate vote on the bill remains postponed, with no vote date assigned at this point in time.
Felt followed up his comments directly to Spezze, with a written appeal to Gov. Jared Polis, asking two things. First, if the bill passes that the governor veto the bill because of the concerns earlier documented by the commissioners and sheriff. Second, he proposed the idea of appointing a statewide special commission to be appointed to develop a collaborative recommendation for an approach to mental illness and gun ownership.
Spezze’s letter referenced his opinion that there are too many areas of concern with the current bill as well as violating Constitutional amendments, for him to support the bill. He pointed out the fifth and 14th Amendments to the U.S. Constitution guaranteeing all citizens the right of due process, which Spezze says appear to be violated by the Red Flag Bill. He also highlighted the Fourth Amendment to the U.S. Constitution which protects citizens from unreasonable search and seizure.
While Spezze’s letter pointed out that the bill as it stands now includes no funding or process to help those with mental illness, his conclusion appeared more focused on Constitutional amendment rights.
“Considering the above if these are clear violations to a person’s Fourth, Fifth and 14th Amendment rights and we have no right to carry out this law then we are also quite possibly violating a person’s Second Amendment rights,” he wrote.
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