The Board of Chaffee County Commissioners has scheduled a special work session for 1 to 3 p.m. Tuesday, March 19, to receive input on Colorado House Bill 19-1177 Extreme Risk Protection Orders, otherwise known as the “Red Flag Bill.” The session will be held at the Buena Vista Community Center, and allow for public input regarding the pending legislation. There will be no official action taken by the commissioners at this work session.
The public can view a summary of the text of the bill dated March 8 by going to http://leg.colorado.gov/bills/hb19-1177
The bill creates the ability for family members, a household member, or a law enforcement officer to petition the court for a temporary Extreme Risk Protection Order (ERPO) beginning January 1, 2020. The petitioner must establish, based on a preponderance of the evidence, that a person poses a significant risk to self or others by having a firearm in his or her custody or control or by possessing, purchasing, or receiving a firearm.
To invoke this order, a petitioner must submit a signed affidavit that sets forth facts to support the issuance of a temporary ERPO and a reasonable basis for believing the danger exists. The court must hold a temporary ERPO hearing in person or by telephone on the day the petition is filed or on the court day immediately following the day the petition is filed.
The topic of whether to safeguard the public, against people with both mental health issues and access to guns, is a public opinion flash point. Second Amendment supporters who say that no matter what, they have a right to guns, are adamantly opposed to the bill. Those in favor of the bill say that all aspects of the Constitution should be considered in regard to public safety, including the First Amendment and their general right to “life, liberty and the pursuit of happiness.”
As he had in prior attempts to pass the bill, Chaffee County Sheriff John Spezze at first came out in support of the bill in a public statement to Ark Valley Voice and other media. Then, after apparently receiving intense pressure from county Republicans over supporting a bill designed to protect friends and families of those with mental illnesses from endangering themselves or others with a firearm, he reversed his position, saying he couldn’t support the bill in its current form.
Those with direct questions to the commissioners ahead of the special work session can call 719-539-2218.
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