Here's a couple of examples of red flag laws gone wrong in the very way that some are concerned about;
''While recently having breakfast with a friend,
Stephen Nichols mentioned his concerns about a school resource officer who was evidently prone to take frequent coffee breaks, leaving his post each morning. Troubled by a lack of law enforcement presence, Nichols said he was worried someone would come “shoot up the school.”
On the strength of those few words, a nosy waitress called the Tisbury Police about what she overheard, and the Police Chief Mark Saloio and another officer relieved the 84-year-old of his crossing guard duties while he was escorting kids across the street. They then drove to his home and removed his firearms license and guns. Any paperwork provided for the seizure? Any due process? Nope.''
''In 2017,
Corporal Phil Morris of the Colorado State University police officer encountered 19-year-old Jeremy Holmes acting erratically with a large hunting knife. Morris asked Holmes to drop the knife 36 times in the two-minute video.
In the police video, Holmes stated that he wanted police to shoot him. Morris tried to holster his gun to change to his taser to stun Holmes. Before he could, Holmes charged Morris with the knife forcing the officer to shoot and kill him.
District Attorney Clifford Riedel found the shooting to be “clearly justified.”
The investigation determined that Holmes committed suicide by cop. The internal investigation cleared Morris of any wrongdoing because of the video evidence. He returned to duty.
This month Colorado’s new red flag law went into effect. On January 9th, in Larimer County, Susan Holmes file an extreme risk protection order against Morris.
Morris now must fight for his gun rights in court.
Under Colorado’s red flag law, a family member, household member, or law enforcement officer can file an extreme risk protection order. One of the choices on the form is “I have a child in common with the respondent.” Holmes marked that she and Morris has a child in common.
Holmes points out the form says nothing about having a biological child in common. In her interpretation, she and Morris have Jeremy Holmes in common. The law’s intent was to let a family member file the report, but the form does not make the intention clear…