Sonnenberg says bill is a ‘gun grab’

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    A Colorado bill that would allow family members or law enforcement to petition the courts to remove guns and ammunition from people considered to be a threat to themselves or others went through its first committee hearing Feb. 21. House Bill 1177 cleared the House Judiciary Committee on a 7-4 party-line vote. It moves on to the House Appropriations Committee.
    An effort to pass what’s known as an “Extreme Risk Protection Order” bill failed in the last days of the 2018 legislative session, with Sen. Jerry Sonnenberg of Sterling as one of its most ardent opponents. The 2019 version is much worse, he told this reporter.
    Under the measure, the petitioner must prove, with a preponderance of evidence, that the respondent poses a significant risk to themselves or to others. The court must hold a temporary protection order hearing either that same day or on the next day court is in session. Once the temporary order is issued, a second hearing must be held within 14 days, with legal representation to the respondent provided by the court.
    If either law enforcement or the family can provide “clear and convincing evidence” that the respondent is a danger, the weapons can be held for up to 364 days while that person seeks treatment.
    Once the temporary order is issued, the respondent must turn over all weapons to law enforcement or a federally licensed firearm dealer.
    To get those weapons back, the respondent must prove they are no longer a danger in a “beyond a reasonable doubt” standard, the highest standard in criminal law.
    It’s that requirement that has people like Sonnenberg seeing red. “I helped kill the ‘red flag’ bill last year, and this one is worse. This one says a family member or someone who lived with me can come in, petition the court, and the court, on a preponderance of evidence, can take my guns. And then I have to prove beyond a reasonable doubt that they’re wrong. That’s guilty until proven innocent,” he said.

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