Sheriff would defy ‘red flag’ bill
Phillips County Sheriff Thomas Elliott says he will not confiscate firearms if ordered to under the “red flag” gun bill currently awaiting the signature of Gov. Jared Polis.
At its March 29 meeting, Phillips County Board of Commissioners also announced its intention to support the sheriff if he refuses to enforce the law.
If passed, the “red flag” bill will allow courts to issue “extreme risk protection orders,” requiring individuals who are deemed sufficiently dangerous to surrender their guns to law enforcement or a federally licensed firearms dealer.
Elliott said he believes the bill will infringe on county residents’ constitutional protections, including the right to bear arms, the right to due process, and freedom from unreasonable searches and seizures.
He also said the bill unfairly restricts gun ownership while failing to address the root causes of gun violence.
“It does nothing for mental health. It doesn’t require any kind of treatment,” he said. “The state of Colorado is addressing the tool and not the problem.”
As an officer of the court, Elliott said his office will be called on first to carry out the functions associated with an ERPO.
In a resolution passed March 19, commissioners also claim the bill infringes on several state and federal protections and say they will declare Phillips County a “sanctuary county” if it is signed into law.
Commissioner Terry Hofmeister said the County consulted with local attorney Al Wall before voting on the resolution and that they do not expect to face legal consequences from the move.
“We had Al go through everything, and we don’t expect any problems,” he said.
Other business
In other March business, commissioners:
— Reviewed, with landfill manager Bill Andrews, recent baler repairs, which totaled approximately $42,000.
— Approved buying an electronic key system at $3,123.15 for the Bank of Colorado Pavilion.
— Met with senior loss prevention specialist Marilyn Wagner of County Technical Services Inc., who reviewed the 2018 loss analysis for the County.
— Approved a $200-per-month contract with Kaseware CAD for software at the Phillips County Communications Center. The software will replace the current CrimeStar software in October.
— Gave weed and pest manager Kerri Doleshall permission to purchase chemicals as needed, giving local vendors preference when possible.
— Approved a contract with CINTAS to service County fire extinguishers.
— Renewed the license of the Haxtun Ambulance Service.
— Granted a subdivision exemption request for the sale of approximately 4.2 acres from Trevor and Roxanne Fix to Mike Salyards at the recommendation of the planning commission.