HB 1177 gets first Senate hearing Friday; more sheriffs pledge nonenforcement

The political thunderstorm that has gathered around House Bill 1177, which gets its first Senate hearing this Friday, had to be expected.

After Democrats swept into Colorado's top offices last November and became the majority in the House and Senate, energized supporters like Moms Demand Action and others have been demanding more restrictions on guns as the nation has suffered through mass shootings.

The so-called "red-flag" bill allows police and family members to get a court order to temporarily confiscate a person's guns if a judge agrees they pose a "significant" threat to themselves or others.

Currently only police in Colorado have that authority if they believe someone is having mental problems and needs a 72-hour evaluation. A warrant is obtained and guns are confiscated. The person in question is then detained for treatment. There often isn't any advance warning. It can be a doorstep decision made by the officers answering a call.

HB 1177 is named after Douglas County Sheriff Deputy Zackari Parrish, who was shot to death in December 2017 by an Army veteran having emotional problems. Parrish was reportedly trying to detain Matthew Riehl for a 72-hour "hold" when Riehl killed him with an AR-15, wounding four other officers as well.

Parrish's killing was so shocking to law enforcement that the County Sheriffs of Colorado endorsed a similar "red-flag" bill in 2018. But the association is divided this year.

State House Democrats approved this year's version last Monday after hours of emotional testimony about gun violence, abusive relationships, suicide and gun rights. Democrats say it will save lives. Republicans claim it is unconstitutional, would violate due-process protections and the Second Amendment.

As of Friday, six mostly Republican counties had pushed back against the legislation: Fremont, Custer, Otero, Weld, Montezuma and El Paso. Declaring themselves gun rights "sanctuaries," some sheriffs, such as Fremont's Allen Cooper, had warned they might not enforce the law even if the Senate passes it and Gov. Jared Polis signs it as expected.

El Paso County Sheriff Bill Elder told reporters his county would sue the state if the legislation passes, arguing it is unconstitutional.

Right now, 13 states have "red-flag" laws. They have been in existence for more than a decade and thus far, none have been overturned on constitutional issues.

Momentum for support is growing; Utah's Legislature is considering a similar bill this month.

When HB 1177 was introduced this year, new Colorado Attorney General Phil Weiser endorsed it, saying it fit within the U.S. Supreme Court's landmark gun decision in 2008, the District of Columbia v. Heller.

That majority opinion was written by the late Justice Antonin Scalia and was heralded by gun rights groups as a long-awaited guarantee of gun ownership. The decision essentially struck down gun-control provisions in the District of Columbia, but Scalia also said something vital to gun-control advocates.

He wrote that the Second Amendment is not unlimited. It does not protect the ownership of any weapon, any time, any place. He especially noted the Heller opinion did not overturn long-held prohibitions against convicted felons and the mentally ill from having guns. Or that communities cannot ban weapons from being carried in schools and other places.

National polls often show that most of the public — as high as 80 and 90 percent— supports legislation to confiscate or remove guns from people having mental problems.

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Twitter:@RoperPeter