April 15, 2019

CIVIL RIGHTS UPDATE: Colorado enacts ‘red flag’ law to seize guns from those deemed dangerous, prompting backlash.

Colorado’s law, approved by Democratic Gov. Jared Polis, allows family, household members or law enforcement to petition a court to have guns seized or surrendered based on a showing that someone poses a danger under the “preponderance of the evidence,” a civil standard which means that the defendant is more likely than not to be a threat.

“In other words, there is just over a 50/50 chance of accuracy,” van Beek wrote, noting that someone’s guns could be seized even without a mental health professional making a determination of any kind. “Like the flip of a coin. Couldn’t that apply to just about anything a person does?”

A subsequent court hearing could extend a gun seizure up to 364 days, and gun owners can only retain their guns if they meet a burden of demonstrating by “clear and convincing evidence” — a much higher standard — that they are not in fact a threat. Gun owners, van Beek said, are “guilty until proven innocent” under this framework.

Well, yeah, if you ask most any Progressive Democrat.