A new legislative proposal -- HB18-1436 -- would make it easier for police to confiscate firearms from individuals who pose a threat to themselves or others.
Last New Year's eve, Deputies from the Douglas County Sheriff's Office responded to a domestic dispute at the Copper Canyon Apartments complex in Highlands Ranch. A crazed gunman -- who will not be named in this article -- was lying in wait for officers to respond. He opened fire on the Deputies, killing 29-year-old Deputy Zackari Parrish and injuring four others. The officers all went down within seconds of one another. All were wearing bulletproof vests, but the gunman's shots ended up hitting the Deputies where they weren't protected. Colorado politicians in both parties vowed to "do something" to address officer-targeted shootings. The solution they have come up with is to make it easier for law enforcement to confiscate guns from people believed to be a threat to themselves and others. A bipartisan group of lawmakers and political candidates recently unveiled HB18-1436, legislation to create Extreme Risk Protection Orders. This new legislation has the support of Rep. Cole Wist, Douglas County Sheriff Tony Spurlock, and Republican candidate for State Attorney General George Brauchler. The proposed legislation would allow a family or household member or a law enforcement officer to petition the court for a temporary extreme risk protection order (ERPO) if they believe a gun owner poses a threat to himself or others. If a judge agrees with the petitioner, police would be given the authority to confiscate the respondent's firearms for a period of 182 days (six months), with the option to request an extension after convincing a judge that access to guns would make the person is a danger to themselves or others.
The bill is being called the "Deputy Zack Parrish Violence Protection Act," and its supporters are arguing that had Extreme Risk Protection Orders been in place last year, Zackari Parrish would not have died.
Prior to the shooting, the gunman had sent threatening messages to the Lone Tree Police Department after he was stopped by officers for a traffic violation. Lone Tree PD forwarded the messages to the Douglas County Sheriff's Office to investigate, but the evidence did not rise to the level required to file charges.
Supporters of HB18-1436 say that if the Douglas County Sheriff's Office had the ability to seek an Extreme Risk Protection Order, the gunman could have been disarmed before he was able to kill and injure these officers.
Opponents of the legislation argue that HB18-1436 goes too far and would make firearm confiscations far too easy. Under Federal law, there are only a few reasons for Americans to be disarmed. A person's Second Amendment rights can only be suspended due to dishonorable discharge from the military, adjudication of a mental defect, a criminal conviction, or the individual becoming a fugitive from justice. These new Extreme Risk Protection Orders would significantly lower the evidentiary threshold for disarmament, far below what would be necessary for a criminal conviction.
Joe Webb, the Chairman of the Jefferson County Republican Party, has come out strongly against the legislation and is lobbying legislators to vote against it.
"I just read House Bill 18-1436 from start to finish," Webb posted to social media. "This bill needs to be defeated."
Other opponents point to the fact that HB18-1436's language clearly conflicts with the Colorado State Constitution's right to bear arms. Coloradans have a right to use firearms for self-defense. By definition, self-defense involves using a firearm to cause injury to others.
With Republican support, and a promise from Governor Hickenlooper to sign HB18-1436 if it reaches his desk, the legislation has a path to passage. On May 1, the Colorado House Judiciary Committee came to a 7-4 vote. The legislation is expected to face a tougher up hill battle in the Colorado State Senate, where Republicans control the chamber with a slim majority.
What do you think? Is HB18-1436 a good idea or a recipe for disaster? Tell us in the comment section below!
