Emergency Risk Protection Order ERPO Archives - Page 2 of 4

California: 21 Shot, 11 Fatally, and 1 School Bomb Attempt During Week of Widespread Violence

Posted on November 21, 2019November 21, 2019 by Lesley Hollywood

The state with the most strict gun control in the nation, California, is giving Chicago a run for their money. In the past seven days, they have seen three horrific shootings taking 11 lives and injuring 21 as well as a school bombing attempt that was foiled by the groundskeeper.

On Thursday, Nov 14, 2019 a 16 year old boy used a .45 semi-automatic handgun to open fire at his Santa Clarita, CA high school. He murdered two students and wounded three others before taking his own life. The shooter’s father had died in 2016 and had a history of domestic violence in the home prior to his death. It has been reported that at one time law enforcement legally confiscated six firearms from the father based on their ability to track the serial numbers to him through California’s “this-is-not-a-registry” program. It is now being reported that the firearm used in the school shooting was a privately manufactured firearm that did not have a serial number. It is not known where he obtained it.

Another horrific incident took place in San Diego, CA on Saturday, Nov 16, 2019. During this massacre, a father used a handgun to kill his wife, three of their children, and then himself. Another child survived and was last reported to be in critical condition. In this tragic incident, the mother had filed for a restraining order just days before but it is unclear if it was ever served, although a restraining order is nothing more than a piece of paper.

Only one day later in Fresno, CA on Sunday, Nov 17, 2019 a family was gathered in a backyard watching a football game when two unknown suspects entered the yard through the back fence and opened fire in to the group. Four people were killed and six others wounded. It is reported that the family was part of the Hmong community, and possibly the attack was related to a violent Hmong gang. The perpetrators are still at large.

To finish off the violent week, on Wednesday, Nov 20, 2019 a homemade bomb was found and defused at a San Jose, CA high school. A groundskeeper found the device in the bushes right next to the school. The school was placed in lockdown, administrative offices were evacuated, and a bomb squad was called in. After some time the bomb was rendered safe and evacuations of the entire campus began. Bomb dogs were brought in and area was cleared. There are no suspects at this time.

Wow, what a terrible week for a state who continues to add more gun control laws on top of more gun control laws. A state that has had a “Red Flag” law in place since 2014 and just recently passed legislation making that particular law so extreme even the ACLU opposed it. In fact, California just added seven new anti-gun laws to their already extensive roster.

These atrocities are not supposed to happen in California. They have “the laws”, ya know!

As expected, national gun control advocates are already screaming for an assault weapons ban and expanded background checks because of the incidents I listed above. Never mind California requires background checks on everything right down to ammo. And each of these incidents used handguns, not so-called “assault weapons”, well, except for the homemade bomb.

Although honestly, I think this week of violence tells a much more important story, one that gun rights activists such as myself have been trying to help people understand. Until we get to the root of the violence, it will not stop.

And it’s even bigger than that. Lawmakers need to stop grouping together violent crimes under the umbrella of “gun violence” or “mass shootings”. It does a disservice to the victims. It derails meaningful conversation and real solution seeking.

Let’s look at school shootings for example. When will we start asking the hard questions about what is happening in schools that makes these children want to execute their classmates and teachers? Why have suicide rates among children, teens, and young adults skyrocketed? Why are our children choosing death? These are questions those seeking gun control don’t ask. They can’t, because it distracts from their heartless goal of disarming citizens. When I talk with gun grabbers or law makers pushing for more gun control, I often start with the premise that we all agree on the problem, and I mean that. The problem: school shootings are horrific and heartbreaking and we want to see them end. We just disagree on the solutions. The fact that we now have to worry about homemade bombs showing up at schools is a example of why it’s so critical we get to the root cause rather than simply making laws requiring the locking up of guns (which hasn’t stopped school shooters in the past) or making Red Flag laws that clearly have done nothing to prevent tragedy in California.

What about domestic violence? The motives behind domestic violence murder and murder-suicide are extremely different than school shootings, or public mass shootings, or gang or drug related shootings. Once again, grouping them in some ambiguous term called “gun violence” and assuming just another gun control law will help is downright dangerous. Domestic violence is incredibly tricky because the victims are often afraid to leave, and when they do, they are sometimes in extreme danger. This is why many victims have chosen firearm ownership and training when deciding to leave. But it also poses yet another potential dangerous aspect to poorly written Red Flag laws because domestic violence perpetrators can actually use these laws to disarm their victims.

As for gang related shootings, tackling this epidemic is troubling as these people thrive on crime. No law will stop them. And again the solution to gang violence is very different than the solution to school shootings or domestic violence.

So, let’s start talking about solutions. What do you think the solutions are? Leave them in the comments.

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Debunking CBS “60 Minutes” Segment On Colorado’s Red Flag ERPO Law

Posted on November 20, 2019November 20, 2019 by Lesley Hollywood

It seems a day doesn’t go by that we’re not debunking more lies and half truths coming from the mainstream media. The latest is a 60 Minutes segment that aired Sunday. This segment titled “A look at Red Flag laws and the battle over one in Colorado” is chock full of inaccurate facts, omissions, and misinformation. We go over those below.

To watch the full segment, you will have to visit the CBS website and view it there. It is 14 minutes long and free to watch.

You can watch a quick preview of the segment here:

Our take:

1.) There have not been 366 mass shootings this year (learn more: www.rallyforourrights.com/we-are-being-lied-to-about-mass-shootings-again)

2.) California passed their Red Flag law in 2014, not 2016. Now this is a minor discrepancy, but something 60 Minutes absolutely should have gotten correct. If they are going to flub on such a simple fact, what else will they get wrong? Do they not know how to use Google?

3.) Connecticut had a Red Flag law in place when Sandy Hook happened. Theirs was enacted in 1999. Sandy Hook happened in 2012 and was NOT the catalyst to write the law as the segment implies.

4.) Law enforcement is not the only entity who can petition the courts. Spouses, ex-spouses, roommates, former roommates, any relative or step-relative, a Tinder date gone wrong, or someone you had an affair with are all also people who can petition the courts for a Red Flag ERPO. If you don’t fall in to the insanely broad range of people the law defines as “family members”, you can then simply go to a law enforcement officer and have them file the petition for you.

5.) The temporary orders are granted based on a preponderance of evidence – even when law enforcement files the petition. Preponderance quite literally means the more convincing evidence, yet the person being accused is not present at the hearing and doesn’t know it’s taking place, therefore cannot present any evidence at all. The accuser will ALWAYS present the more convincing evidence. How will any of these ever be denied?

5.) It’s despicable how Sheriff Tony Spurlock said “this is a tool to take away guns” then turns around and says “this isn’t about taking away guns, it’s about getting people the help they need” when there is absolutely NO mental health component to the Colorado law.

6.) Watching the Zackari Parrish footage has us wondering how that is any different than serving a Red Flag warrant? How would the outcome change? Also, if they just left him alone that night, what would have happened? Why did Spurlock send his deputies into what he knew could be a gun fight with soft body armor?

7.) Sheriff Steve Reams was thoughtful, reasonable and great in pointing out that we need to be helping people, not simply removing the tool that could do harm. We are thankful for him.

8.) They omit the fact that more than 50 of Colorado’s 64 sheriffs oppose the law as written, as does the Denver Police Union and the Aurora Police Union.

Learn all about Colorado’s Red Flag law here.

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Understanding Colorado’s “Red Flag” Extreme Risk Protection Order ERPO Law

Posted on September 27, 2019 by Lesley Hollywood

Background

HB19-1177 Extreme Risk Protection Orders ERPO was introduced into the Colorado State Legislature on Feb 14, 2019. It was sponsored by Rep Tom Sullivan and Rep Alec Garnett in the state house. It passed the house on March 4, 2019 with every Republican and two Democrats voting against it. It was sponsored by Sen Lois Court and Sen Brittany Pettersen in the state senate, where it passed on March 28, 2019 with every Republican and one Democrat voting against it. This legislation had bi-partisan OPPOSITION. It was signed by Governor Jared Polis on April 12, 2019. It will become law on January 1, 2020.

Red Flag laws, also known as Extreme Risk Protection Orders or Gun Violence Restraining Orders, have been around since 1999, when Connecticut adopted theirs. This was followed by Indiana in 2005, California in 2014, Washington in 2016, and Oregon in 2017. In 2018 nine other states passed Red Flag ERPO laws, and in 2019 three states passed them, including Colorado.

What the public is being told about Colorado’s law

A family member or law enforcement officer would petition a court to request the ability to immediately seize a person’s guns. If a judge signs the order, the weapons can be taken away and the court must hold a hearing within 14 days to determine whether to extend the seizure and bar the person from purchasing more firearms. The longest a judge could order the seizure of firearms is 364 days. The entire process is a civil, not criminal, proceeding.

Who can petition the courts?

According to the bill summary and media reports, only family or household members, and law enforcement can petition the courts. But what is the definition of “family member” and “household member”?

According to the bill language, “family or household member” means:

Person related by blood, marriage, or adoption;
Person who has a child in common with the respondent, regardless of whether such person has been married to the respondent or has lived together with the respondent at any time;
Person who regularly resides or regularly resided with the respondent within the last six months;
Domestic partner of the respondent;
Person who has a biological or legal parent-child relationship with the respondent, including stepparents and stepchildren and grandparents and grandchildren;
Person who is acting or has acted as the respondent’s legal guardian;
A person in any other relationship described in section 18-6-800.3 (2) with the respondent. [So, what does 18-6-800.3 (2) say? “Intimate relationship” means a relationship between spouses, former spouses, past or present unmarried couples, or persons who are both the parents of the same child regardless of whether the persons have been married or have lived together at any time.]

What is needed to file the ERPO petition?

The filing of the ERPO petition can be done either in person or over the phone. The petition must be filed in the county court of where the accused lives – but since the petitioner can do it over the phone, they don’t even need to be in the same state. There is NO filing fee. The petitioner even has the option to not provide their address, and in certain cases, it can be done anonymously.

Questions that will be asked on the petition include how many firearms the person being accused has, what types, and where they are located. This doesn’t only include ownership – it also includes possession, custody, or control.

Petitioners are also asked to disclose if there are any other legal actions pending between parties, such as: current restraining orders, lawsuits, civil suits, custody cases, etc, but the existence of such cases shall not delay or prevent an ERPO from being granted.

What happens after the ERPO petition is filed?

Once an ERPO petition is filed, a hearing will be set either the same day or the next day. Once again, the petitioner (accuser) does not need to be present. They can attend this hearing over the phone. At this hearing, the petitioner will be asked to provide a “preponderance” of evidence. Preponderance is the lowest evidentiary threshold used in the court system. It is based on the more convincing evidence. But these hearings are ex-parte with only the accuser present, so there is no counterevidence presented.

What kind of evidence are they looking for? A recent act or credible threat of violence, even if such act does not involve use of a firearm. Self harm or threats of self harm within the past year. A prior violation of a protection order. A previous ERPO. Prior domestic violence convictions. Prior ARREST, even if not convicted, of a whole host of other crimes. Ownership, access to, or intent to purchase a firearm. Drug or alcohol abuse. Recent acquisition of a firearm or ammunition.

At this hearing the court will either approve or deny the ERPO. If it is denied, they must document reasoning for denial.

How will the ERPO be enacted?

Once the ERPO and warrant are in hand, it’s up to law enforcement how they take action, but these are judicial orders coming down from the courts. Law enforcement is required to carry out the orders. During the act of serving the ERPO on the accused, law enforcement must also determine if the individual should be put into a 72 hour involuntary commitment hold.

Once the firearms have been confiscated, the accused will be asked if they’d like to sell them, store them with law enforcement, or store them with a FFL. The accused’s information will also be added to the CBI and NICS database prohibiting them from purchasing guns.

The order will include a future court date for the permanent hearing. This will be the first opportunity the accused will have to speak on their own behalf.

The creation of a civil search warrant

Buried deep inside the bill language is one of the most unconstitutional pieces. They are creating a new type of search warrant in the state that would be specific to gun owners only: a civil search warrant. This civil search warrant would be issued along with the initial temporary ERPO.

Currently, with very few exceptions, search warrants are only issued for criminal reasons. According to mountains of existing case law, search warrants are granted by convincing a neutral and detached magistrate that they have probable cause to believe that criminal activity is occurring at the place to be searched or that evidence of a crime may be found there.

Very few civil search warrants have ever been issued, and the ones that have were in cases of intellectual property such as seizing computer files, and even those required clear and convincing evidence.

What happens at the 14 day ERPO hearing?

First, it’s important to understand this hearing is WITHIN 14 days. It could be in 3 days, or 6 days, or 14 days.

Prior to the hearing, the court will appoint an attorney or the accused can obtain their own or they can proceed self represented. Because no one has been charged with a crime, these are civil cases, not criminal. This means public defenders are not used, but instead the state would appoint one from a pool of attorneys who have agreed to work these cases.

During this hearing the petitioner and the accused will have the ability to provide evidence, call witnesses, cross examine witnesses, etc. Once again, the petitioner does not need to be present, and can provide sworn affidavits.

The judge will make their decision based on clear and convincing evidence.

At the end of the hearing, the judge will either dismiss the ERPO, and the firearm rights of the accused will be restored and their guns returned. Or the temporary ERPO will become a permanent ERPO. This would mean it will remain in effect for 364 days. The judge has the discretion to schedule hearings sooner than the 364 days if he or she believes the order should be lifted sooner. The accused also has ONE opportunity during that 364 day period to request a hearing. If they do request a hearing, the petitioner is alerted and that person can request it be denied.

What happens when the 364 days is up?

The petitioner will be alerted that the ERPO is going to expire, and they can request it be extended. If this happens, another hearing similar to the one at 14 days will take place. And it begins again.

What are the penalties?

Any person who has in his or her custody or control a firearm or purchases, possesses, or receives a firearm with knowledge that he or she is prohibited from doing so by an ERPO or temporary ERPO is guilty of a class 2 misdemeanor.

There are no penalties for false reports/false accusers.

Have ERPO’s worked in other states?

It’s difficult to say because the majority of the laws are so new.

States like California and Connecticut have still seen horrific mass shootings. Sandy Hook happened in Connecticut while they had a Red Flag law in place. California has seen a public mass shooting each year since theirs went into effect in 2014.

States like Indiana pointed to stats showing suicide by firearm was decreasing, but turns out it wasn’t. It was still increasing but not at the projected rate, so they consider that a win. In addition, suicide by other methods has skyrocketed and Indiana has dropped from 19th in the country for mental health in 2011, to 45th in 2015, and in both 2016 and 2017 suicide was the tenth leading cause of death for all residents over all demographics, and the leading cause for certain demographics. Their Red Flag law was enacted in 2005.

They are also used differently in various states, and this is largely because the laws from state to state vary so drastically.

Florida has seen ERPO’s used 5 times a day since the law went into effect mid-2018, with over 2000 firearms taken. In contrast, Oregon has received 132 extreme risk protection order petitions total through August 2019 and granted 107. Their law went into effect in 2017. These varying numbers are due to the process in which they are granted, as well as who is able to request them. Colorado’s law is one of the worst based on the broad range of people who can petition the courts as well as the low evidentiary threshold needed to grant one.

There is no mental health component

The claims that Colorado’s “Red Flag” ERPO law will help those in a suicidal crisis is disingenuous at best and dangerous at worst. Colorado’s law has no mental health component to it. The legislation asks law enforcement to enter the home of a suicidal individual who own firearms (forcibly if necessary), confiscate those firearms, and leave both the person in crisis and many other tools to follow through with the act of taking their own life.

This is not compassion. This is not empathetic. This is cruel.

If you are a firearm owner and are suicidal – or someone else in your home is suicidal – there are options. Hold My Guns is a private group who is working to partner with FFL’s and police departments to offer a place people can store firearms during a crisis (www.holdmyguns.org). In addition, Walk The Talk America offers non-crisis support to gun owners (www.WTTA.org).

And then there are the crisis lines:

National Suicide Prevention Lifeline: Call 1-800-273-8255, or chat online
Veterans Crisis Line: Call 1-800-273-8255 and press 1, text 838255, or chat online

There is deep concern within the firearms community that the existence of an ERPO law will make gun owners no longer reach out for help when they need it.

What about Second Amendment Sanctuary Counties?

Since the debate over the ERPO legislation began in spring of 2019, over 50 county sheriffs have come out publicly in opposition to the law as written in Colorado. Many of them still support the Red Flag concept, but after reading through the legislation that was passed in Colorado, they cannot support it. Their reasons vary from unconstitutionality, to worry of putting their officers and citizens in harms way, to worry about the abuse that will likely be rampant with the poorly written law.

37 counties have declared Second Amendment Sanctuary status. What this means varies from county to county.

In addition, the Denver Police Union and Aurora Police Union also opposed the law as written, citing constitutionality.

Constitutional Concerns

2^nd Amendment aside, Colorado’s Red Flag law has many constitutional concerns.

The creation of a civil search warrant is a 4^th Amendment violation.

The taking of property without due process is a 5^th and 16^th Amendment violation.

The inability to face your accuser or be heard by an impartial jury is a 6^th Amendment violation.

Not to mention the chilling effect it will have on the 1^st Amendment.

A constitutional lawsuit cannot be brought forth until someone is “harmed” by the law, meaning until someone is ERPO’d, there is no plaintiff for the case. Expect to see challenges to this law once it goes into effect January 1, 2020.

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Sandy Hook Promise Glamorizes School Shootings With New Back-To-School PSA

Posted on September 19, 2019September 19, 2019 by Lesley Hollywood

In a back-to-school PSA so disturbing you’d think it was made by the school shooters themselves, Sandy Hook Promise shows how the anti-gun community capitalizes off of fear and does not care about unintended consequences. The TV ad was premiered Wednesday on the TODAY show.

The purported goal of the PSA video is to encourage people to learn the signs of would-be school shooters so they can help stop them before they start, a noble goal. But digging deeper into their website, it is clear they are simply another anti-gun nonprofit as they parrot similar claims that have been called out by even NPR when citing the number of school shootings that happen each year, and they are pushing for dangerous Red Flag ERPO laws like was recently passed here in Colorado. Nowhere is it mentioned that Connecticut already HAD a Red Flag law in place when Sandy Hook happened.

The perverse video, which begins with students showing off their newest back to school essentials, quickly turns dark when a school shooting begins and suddenly those back to school essentials are used to defend and save lives by soon-to-be victims. It ends by simply telling viewers to visit the Sandy Hook Promise website, but undoubtedly triggers a deep and unnecessary fear in parents, teachers, and especially students. I personally would never let my children watch it, and would be furious if they saw it elsewhere.

WATCH IT HERE

School shootings are unusual, horrifying and dramatic – which is exactly why they get so much media attention. According to FactCheck.org there have been 64 deaths from school shootings between the Sandy Hook tragedy in December 2012 and the end of 2018. This includes not just mass school shootings, but “students who died after being shot on school grounds, during school hours or after, being shot on college campuses—or at student housing—where they were enrolled for classes.”

Students are 370 times more likely to die in a car accident travelling to or from school than they are to die by firearm at school.

In addition to the unnecessary and distressing emotion this video aims to evoke, I must question if it would have the opposite effect on a could-be-school shooter who will undoubtedly be the first to watch it over and over and over, enjoying every moment, fantasizing about what “could be”. The video portrays exactly what drives certain students to commit such atrocious acts. They get off on the fear instilled in their fellow classmates and teachers. It depicts the emotion potential school shooters are wanting to elicit from their victims. So does glorifying it in a $100,000+ production video do more harm than good? What happened to “no notoriety”?

Evan Todd, a Columbine High School shooting survivor and spokesman for Bullets Both Ways, had this to say in response to the PSA video:

“Policies and security protocols that leave gaps in protection are not acceptable any longer. Ignorance nor apathy will protect our schools. There are ways to prevent and there are ways to defend. We should demand both.”

There are evidence based solutions that prevent and stop school shootings. There are policies that fuel potential shooters while leaving our kids and teachers defenseless. And then there is crap like this which serves to do nothing good. It breeds unreasonable paranoia, re-traumatizes victims, and acts as school shooter porn. It is completely irresponsible.

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A Disservice To Suicidal Individuals: CO’s Red Flag ERPO Law Will Only Exacerbate A Crisis

Posted on September 10, 2019February 20, 2020 by Lesley Hollywood

“Red Flag” Extreme Risk Protection Order ERPO laws are picking up steam across the nation. Some states have had them in place for many years, such as Connecticut who implemented theirs in 1999, or Indiana who crafted their law in 2005, and California jumped on the bandwagon in 2014. I’ve written about how ineffective they have been in those states. But the past two years, other states are quickly following suit, including Colorado who passed one of the most egregious laws this past spring. It will go into effect January 1, 2020.

But do they actually help prevent suicide?

Across the country, these laws are being touted as “suicide prevention” by anti-gun groups such as Everytown For Gun Safety and their grassroots arm, Moms Demand Action. Now, these groups have been known to tell half truths, mislead, and fear monger, but their claim that Colorado’s Red Flag law will reduce suicide is one of the most upsetting lies I have heard them tell. That’s because suicide is very near and dear to my heart. My sister committed suicide 4 1/2 years ago.

My sister was my best friend. She lived one town over, she was the mother to three, and our oldest daughters were born 5 weeks apart. Her suicide rocked my world, and I still shed tears when I think about it. I have her name with a semi-colon tattooed on my arm, my only tattoo. I will never forget the night my mother and my sister came to my home to tell me she was gone, knowing I’d take it harder than anyone else. At first I was in denial as I insisted that she must just be in the hospital, and I needed to get to her. Once past denial, I needed to know where her body was. I got on the phone and desperately started calling people until I connected with the coroner. Her body was in the morgue at a local hospital. I so desperately wanted to be with it. I couldn’t imagine my sister alone in a cold morgue, awaiting autopsy. The next morning was when reality struck. The physical pain I felt in my heart when I awoke was something I had never experienced before and haven’t experience since. Watching her children mourn was heartwrenching. For them everything changed the day she made the choice to take her life. The trajectory of their lives took a sharp, ugly turn. I would do anything to be able to go back and help her that day. But I can’t.

My sister didn’t use a firearm to take her life, although she was a gun rights supporting liberal. She used a bottle of pain pills that had been prescribed to her by her doctor.

The claims that Colorado’s “Red Flag” ERPO law will help those in a suicidal crisis is disingenuous at best and dangerous at worst. You see, Colorado’s law has no mental health component to it. In fact, Weld County Sheriff Steve Reams has testified to that many times, pointing out that the legislation asks law enforcement to enter the home of a suicidal individual who owns firearms (forcibly if necessary), confiscate those firearms, and leave both the person in crisis and many other tools to follow through with the act of taking their own life.

This is not compassion. This is not empathetic. This is cruel.

There is also strong evidence that when responding to one of these suicidal ERPO’s, law enforcement will arrive with a SWAT team, not only exacerbating the crisis, but escalating it to the point of no return. Early this year, one of our supporters, Ralph Shnelvar, took his own life. He was going through a rough separation and his wife had reported to the police that he was suicidal and had a firearm. Ralph sent worrisome emails to his close friends, who immediately went to his residence to try to offer help. When they arrived, what they found instead was a large police presence and SWAT officers who spent several hours outside the home trying to get Ralph to come out of the residence. Friends and family were blocked from talking to him. Eventually two police robots were sent inside the home where they found Ralph dead. No one can tell me that SWAT did not exacerbate that entire situation, possibly causing and/or expediting the ultimate tragic death.

One of Ralph’s friends testified about this situation in front of a State Senate Committee during the “Red Flag” debate in March. Watch that video below.

This is what Colorado’s “Red Flag” law will look like. SWAT teams going after those who are in crisis, or those who are innocent, another danger we’re facing as the legislation is so poorly written. Here in Colorado a Tinder date turned stalker can petition the courts over the phone free of charge to have someone’s guns confiscated, and the judge who determines if they should do it, will base it off the lowest evidentiary threshold, a preponderance, meaning there only needs to be a 51% chance the accusations are true. Preponderance only requires more evidence than counter evidence, so given that the respondent is not able to respond until after the seizure of the guns no one will ever lose on that standard.

Let’s also talk about the fear these Red Flag laws will create for gun owners, especially veterans. If we fear that reaching out for help will result in SWAT showing up at our house, those who need help will will stay silent, again only increasing suicides, instead of reducing them. We cannot stigmatize asking for help, just as we cannot stigmatize being a gun owner.

What can we do?

Gun owners are compassionate and caring, it’s often why they choose to train and carry in the first place. Because they love their communities. So we should be asking the question what can WE do? Unfortunately there are not a ton of gun owner specific suicide resources, which is unfortunate because it’s desperately needed. But if you are a firearm owner and are suicidal – or someone else in your home is suicidal – there are options. Hold My Guns is a private group who is working to partner with FFL’s and police departments to offer a place people can store firearms during a crisis. There are also multiple suicide prevention hotlines. And recently CU Anschutz unveiled an interactive map that shows out-of-home gun storage facilities for this exact reason. WTTA.org also offers non-crisis support to gun owners.

And then there are the crisis lines:

National Suicide Prevention Lifeline: Call 1-800-273-8255, or chat online
Veterans Crisis Line: Call 1-800-273-8255 and press 1, text 838255, or chat online

Have other resources I should add? Drop them in comments. And please know, you can always reach out to your friends at Rally for our Rights, 24 hours a day, 7 days a week. We’re here for you. Contact us here.

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Five of Colorado’s Ten Safest Cities Are In This ONE Second Amendment Sanctuary County

Posted on September 4, 2019September 4, 2019 by Lesley Hollywood

A list of Colorado’s safest cities based on FBI crime statistics has been released, and five of them are in Second Amendment Sanctuary county, Weld County, including the top spot. Could it be that gun ownership and independent self protection leads to less crime? More information on data and methodology can be found here.

The top ten safest cities are as follows:

Firestone (Weld)
Louisville (Boulder)
Frederick (Weld)
Golden (Jefferson)
Broomfield (Broomfield)
Windsor (Weld)
Parker (Douglas)
Erie (Weld)
Johnstown (Weld)
Steamboat Springs (Routt)

Weld County Sheriff Steve Reams has led the Second Amendment Sanctuary movement across the state and is an outspoken opponent to Colorado’s poorly written and unconstitutional “Red Flag” ERPO legislation, which ultimately passed by a single vote. The law will go into effect January 1, 2020.

Back in April he stated he’d rather sit in his own jail than enforce such unconstituational orders on the citizens of his county.

“If a judge issues an order saying a person can’t possess weapons, and also compels law enforcement to perform a search warrant to seek out those guns, I believe that’s a violation of a person’s constitutional rights,” Reams said.

“I have a hard choice at that point. I can potentially violate someone’s constitutional rights. Or I can violate a court order. I would rather be on the side of violating a court order than someone’s rights.”

More than 50 of Colorado’s 64 sheriffs opposed HB19-1177, “Red Flag” Extreme Risk Protection Orders ERPO, and 37 counties have declared Second Amendment Sanctuary status.

In addition to having five of the top ten safest cities, Weld county has below state average suicide rates. This is important because Giffords group has been pushing the narrative that Second Amendment Sanctuary counties have the highest suicide rates, a narrative that is parroted by Moms Demand Action. What they fail to mention is MOST of these counties have very small populations. For example, they are using Custer county’s calculated suicide by firearm rate of 49 per 100,000 people to make their case, but Custer county has a population of 4,900 people and ONE suicide by firearm.

Weld County Sheriff Steve Reams regularly testified to his concern that Colorado’s “Red Flag” legislation as written does nothing to aid those who do need help, and instead sends deputies to confiscate firearms from someone who may be suicidal, while leaving the person in crisis. Such actions will only escalate and exacerbate a distressing situation. Compassion may be lost on the gun grabbers, but it is not lost on us.

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Longmont, CO Wants to Register Their Gun Owners, Mandate Smart Tech Gun Locks

Posted on August 31, 2019September 5, 2019 by Lesley Hollywood

In a Gun Safety Resolution so extreme it puts Boulder, CO’s so-called “assault weapons” ban to shame, Longmont, CO city council is asking federal and state elected officials to implement laws such as gun registration and requiring gun locks so advanced the technology barely even exists yet, among many other things.

On Tuesday, Councilman Tim Waters presented the resolution. It was voted 5-2 to advance to the next step – deliberation and a final vote which will take place on Tuesday, Sept 10 at 7pm during the weekly city council meeting. If approved, Mayor Brian Bagley would have to forward this resolution to state and federal elected officials conveying that these are the laws city council believes Longmont’s law abiding gun owners should have to abide by. It should be noted, Mayor Bagley was one of the NO votes to move the resolution forward, along with Councilwoman Bonnie Finley.

Here is what the resolution calls for:

1.) Required state issued permits for gun ownership.
2.) Universal background checks on all sales, including the private sale of firearms*.
3.) State issued permits for concealed carry*.
4.) State issued permits for concealed carry within a vehicle*.
5.) Banning the personal sale or purchase of military grade weapons by non-military personnel.
6.) Limits on magazine capacity*.
7.) Required gun locks that enable only permitted gun owners to fire a weapon.
8.) Prohibitions of gun ownership by convicted felons and individuals convicted of domestic abuse.
9.) Red flagging individuals who have given family members and/or law enforcement reasons for concern about their mental and emotional stability*.

(Read the PDF of the resolution distributed by Councilman Tim waters on Tuesday here.)

According to Councilman Waters, the asterisk denotes laws that already exist in Colorado, although it’s unclear what he means by #4: State issued permits for conceal carry within vehicle. Is he suggesting Colorado has a separate permit that allows individuals to carry a firearm within their vehicle or is he simply denoting it’s an extension of #3? Just to be clear, there is no separate law requiring a permit to carry within a vehicle in Colorado.

The others with an asterisk are accurate – #2, #6 and #9. In 2013 Colorado passed expanded background checks as well as restricted magazine capacity to 15 rounds, although it’s done nothing to curb gun deaths (homicides and suicide combined), and in fact, gun deaths have been rising at an alarming rate in the state since those laws were enacted. You could almost make the case that it’s had the opposite effect of what was intended. And as for #9, Colorado’s “Red Flag” Extreme Risk Protection Orders ERPO legislation was signed into law this past April, but the law will not go into effect until January 1, 2020. I’ve also pointed out that Red Flag laws don’t work in other states that have them, such as Indiana where suicide rates are skyrocketing and they’ve had a Red Flag law since 2005, or California where there has been a public mass shooting yearly since they enacted their Red Flag law in 2014, and Sandy Hook happened in Connecticut after they enacted their Red Flag law in 1999.

But now let’s take a good look at the other laws the resolution calls for…

#1: State issued permits for gun ownership. This is a gun owner registry plain and simple. A registry required based off an irrational fear of property we own. Which class of people will Longmont suggest we register next based off an irrational fear? Muslims? Jews? The bigotry of the council is astounding. And how much will it cost to register? Are they also discriminating against poor people who can’t afford to register? Oh, and we all know exactly who will NOT register – criminals. In addition, talk of a registry always begs the question of how it will stop evil people from committing evil acts? Would someone who wishes to do harm with a firearm not do so because they’ve “registered”, suddenly instilling morals and a sense of right from wrong into the individual? Absolutely not.

#5: Banning the personal sale or purchase of military grade weapons by non-military personnel. What does this even mean? If they’re referring to banning access to firearms such as AR-15’s or AK-47’s that civilians can legally purchase from a gun store in the United States, it certainly wouldn’t be included under #5 as those firearms are not used by military. Maybe they mean they want to eliminate the ability for civilians to spend $30k and purchase a full auto through the NFA? Considering the latter is still legal in Boulder where they banned “assault weapons” in 2018, it’s more likely that Councilman Tim Waters has no idea what he is even talking about, but still supports sending men with “weapons of war” to confiscate “weapons of war” from people who have done absolutely nothing wrong. I bet he claims to be against police brutality too, even though he’d support police enforcing his ban up and to the point of brutal force.

#7: Required gun locks that enable only permitted gun owners to fire a weapon. Now we’re not just talking about access to firearms via a smart technology safe, but the actual requirement that the gun cannot be fired unless by the registered gun owner. This kind of smart technology barely exists, and what does exist is incredibly expensive. For example, German firearms manufacturer Armatix LLC manufactures RFID enabled guns that are only activated by those with an authorized watch. But the pricetag is through the roof at $1800 for it’s most basic .22 caliber iP1 pistol. So again, we’re talking about laws that limit access to self defense only to those who can afford it, blatant discrimination against the poor. The technology also doesn’t come without flaws, and dangerous ones at that. Even though the manufacturer says the bracelet must be within 1 foot of the firearm to function, multiple videos have proven that all it takes to bypass the safety block is a simple magnet held next to the firearm, rendering it an overpriced and awkward .22 handgun. Plus RFID jammers are easy to make, creating a whole new black market where stalkers and rapists can obtain the means to deactivate a potential victim’s instrument of self defense.

#8: Prohibitions of gun ownership by convicted felons and individuals convicted of domestic abuse. This is already federal law, with felons and domestic abusers being entered into the NICS database, prohibiting the legal purchase of a firearm, and it’s simply illegal for them to own one.

If there is one word that comes to mind after reading this, it’s privilege. This is what privilege looks like. Councilman Waters, along with council members Marcia Martin, Polly Christiansen, Aren Rodriguez, and Joan Peck who joined him in his support of this resolution, are so privileged they don’t understand why someone could possibly ever need to defend themselves. And those who are underprivileged and live in poverty would have their right to self defense stripped of them, even though statistics show people living in households in the US that have an income level below the Federal poverty threshold have more than double the rates of violent victimization compared to individuals in high-income households. And because the poverty rate of African Americans is almost double of that of Caucasians, you could almost call Councilman Waters proposals white privilege. I mean, he must believe only rich white people should be allowed to defended themselves, right?

Now, some may say resolutions are worthless; simply a statement with no teeth. I don’t see it that way. What I see is a city council who will be voting September 10th on whether or not they believe these laws should be forced upon the 94,000 people in their city. And if their vote is yes, what’s to stop them from doing an ordinance next?

Please speak up, especially if you are a Longmont resident. You can email the entire council at once at: City_Council_Mayor@longmontcolorado.gov and telephone numbers can be found here. Attend the next city council meeting: Sept 10th at 7pm, Civic Center 350 Kimbark St. Longmont, CO 80501. If you are comfortable doing so, come with a 3 minute prepared speech to give during public comment (it’s easy). If you don’t want to speak, please still come and offer support to others. Questions? Contact us.

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School Backpedals After CO Teen Was Banned From Classes For Shooting Guns With Mother

Posted on August 29, 2019August 29, 2019 by Lesley Hollywood

In a follow up to the story we broke yesterday of a Loveland, Colorado teen who was banned from classes after he posted videos of himself shooting guns with his mother on Snapchat, the student has now been cleared to go back to class and the school is backpedaling.

Here’s a recap of what happened: Justine Myers took her son, Nate, shooting earlier this week. When they returned home they discovered the police were attempting to contact them. Nate had posted two videos on Snapchat; one video had the firearms they were going to use with the caption “Finna be lit” (which is teenage slang for “going to be a great time”), and the other was a video of him shooting while his mother instructed him. Someone had seen these videos and reported him to police via the school’s Safe 2 Tell system which allows anonymous tips to law enforcement and the school. The police spoke with Nate and his parents, watched the videos, determined Nate was not a threat to himself or others nor had he made any threats, and they were well within their legal rights. They then went on their way. But that wasn’t good enough for the school. The following morning a voicemail was received from Thompson Valley School District stating that Nate could not go to school and was banned indefinitely until a “threat assessment” hearing was completed. The school also refused to provide Nate with school work to prevent him from falling behind. When Justine explained the situation and stated the police had already assessed it and cleared him, her words were hastily dismissed by school officials.

After this story broke fellow parents, community members, and even elected officials contacted school admin and district board members to express their disapproval of this blatant violation of the student’s civil liberties, as well as the complete disregard for parental rights. And it undoubtedly had an effect.

The threat assessment hearing took place this morning and Nate has been cleared to return to class. The school officials came prepared with a packet of his homework, and stated they believed him to be a good kid and never thought he was making threats against the school. They acknowledged that his classmates may now react differently to him (I mean, he’s practically been accused of being the next school shooter, right?) and offered to make sure no one gave him trouble. The SRO who was present agreed that the Safe 2 Tell system is sometimes used inappropriately by students wishing to anonymously seek revenge on another student. School officials also cautioned Nate to not post these types of activities on social media. Justine quickly reminded them that this is his First Amendment they’re talking about, and although she gets their point, that is a dangerous slope they’re heading down.

When Justine questioned why any of this had to happen in the first place since the police had already assessed the situation, she was told the school hadn’t received the police assessment until the following afternoon, nearly 20 hours later. Now here’s where I call BS. If there is a report of a threat that is deemed credible enough to warrant police investigation to a student’s home on a weekday evening, the results of such investigation would have been relayed immediately to the school to determine if the school was safe to open the following day. And if that police assessment wasn’t immediately relayed, that school has far bigger security issues than any parent even realizes.

Everyone bent over backwards to try to right the situation, but no one went so far as to apologize.

Is it over for Nate? The good news is nothing permanent will go on his school record and he can continue his education. But he’s undoubtedly been traumatized by the entire situation and now will have a “reputation” at school. He’ll also have the thought police living in his own head every time he wants to share anything that isn’t lock-step with PC culture. And at 16 years old, he’s had his civil rights violated for participating in not one, but two, constitutionally protected activities – shooting guns and sharing a video of it.

On January 1, 2020 Colorado’s “Red Flag” Emergency Risk Protection Orders ERPO law will go into effect. I’ve long said ERPO’s will be Safe2Tell for adults, and students have dubbed Safe 2 Tell as “Safe 2 Swat”, referencing the act of “swatting“, a criminal harassment tactic of deceiving an emergency service into sending a police and emergency service response team to another person’s address. Had this same scenario taken place while the ERPO law is in effect, Justine likely would have lost her firearms.

We need to continue to rally together as a community and push back at every turn. If you or your child ends up in a situation like Nate’s, please don’t hesitate to reach out to us here at Rally for our Rights. We’ve got your back.

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Actually, Donald Trump Could “Red Flag” Chris Cuomo – And Here’s Why

Posted on August 14, 2019August 14, 2019 by Lesley Hollywood

In the wake of two tragic public mass shootings, one of which the National Gun Violence Memorial actually honored the perpetrator as a gun violence victim, calls for knee jerk gun control legislation has been front and center on both the left and the right. Prominent Republicans such as President Donald Trump, Congressman Dan Crenshaw, and several senators are calling for “Red Flag” Extreme Risk Protection Order ERPO laws.

And now, after Colorado passed an atrocious “Red Flag” ERPO bill in 2019 – a bill that passed by only ONE vote in the hyper-partisan Democrat controlled legislature with every Republican and three Democrats voting against it – we might be looking at Colorado becoming a blueprint for the whole country, a very terrible idea.

Then yesterday I woke to this tweet from President Donald Trump: “Would Chris Cuomo be given a Red Flag for his recent rant? Filthy language and a total loss of control. He shouldn’t be allowed to have any weapon. He’s nuts!”

Would Chris Cuomo be given a Red Flag for his recent rant? Filthy language and a total loss of control. He shouldn’t be allowed to have any weapon. He’s nuts!

— Donald J. Trump (@realDonaldTrump) August 13, 2019

I, just like millions of others, had to hunt down exactly what Trump was talking about. And I did. Here’s what happened:

A man in New York approached CNN’s Chris Cuomo and called him “Fredo”. Watch the video for the exact exchange, but here’s a snip…

Cuomo: “You’re going to have a problem”
Man: “What are you going to do about it?”
Cuomo: “I’ll fuckin ruin your shit. I’ll fucking throw you down these stairs”

Now here’s where I think this gets really interesting following Trump’s tweet; Cuomo could actually get Red Flagged for this. The criteria fits perfectly. This is why:

1.) He made a violent threat – and even though the threat was regarding stairs, not firearms, it STILL qualifies! Below is an excerpt from HB19-1177, Colorado’s “Red Flag” ERPO law. You can access it yourself here, scroll to the bottom of page 8 and top of page 9.

2.) We know he owns firearms because he has stated that on Twitter in the past. Again in HB19-1177, it states another qualification is ownership, access to, or intent to posses a firearm. Read it yourself here, scroll to the bottom of page 8 and top of page 9.

And his Tweet stating he’s a gun owner:

Now the person Cuomo threatened wouldn’t be able to bring forth the “Red Flag” ERPO petition (unless, of course, he wanted to state him and Cuomo had an affair in the past), but that person – or anyone for that matter – would be able to approach law enforcement and ask them to do it for him. Or if an ex-girlfriend of Cuomo’s saw this, or maybe a live-in nanny he’d fired, they’d be able to go right to the court and file the petition themselves.

What happens next? Well, Cuomo would get a visit from his local law enforcement agency with a temporary “Red Flag” order in hand, along with a search warrant to find all those guns he’s told us he owns. Within 14 days, he’d be able to go to court and show the judge Trump’s tweet, and convince him or her that he is not a risk to anyone at all – even though he’d made the threats to throw that man down the stairs. If the judge doesn’t agree to return his guns, the order goes into effect for 364 days, during which time Cuomo will have one opportunity to ask the courts to get his firearms – his means of self defense – back. Of course, each time the court considers returning them, the person who brought forth the petition will be alerted and have an opportunity to ask the judge to not return them – FOREVER.

Sounds like some real “common sense gun legislation” doesn’t it? <insert sarcasm>

But it proves the point of exactly how poorly these laws are written, and that Trump, as misguided (or not?) as his Twitter statement was, it is 110% accurate and not hyperbole at all.

Why “Red Flag” ERPO Laws Are Not The Solution To Mass Shootings

Posted on August 5, 2019September 12, 2019 by Lesley Hollywood

After every public mass shooting, the call for gun control reaches a new pitch. Those on the anti-gun left have gone so far as suggesting banning nearly every modern day semi-automatic firearm and having police go door to door confiscating them. And those on the right are calling for “Red Flag” Extreme Risk Protection Order laws in every state.

But is this really the answer? The suggestion of a door to door gun confiscation would be laughable if these people were joking- but they aren’t. How any politician believes using what they refer to as “weapons of war” to confiscate “weapons of war” will not turn into a war, is beyond me. Even the anti-gun, Bloomberg funded website “The Trace” admits there are at bare minimum 20 million civilian owned, modern day sporting rifles in the US, and nearly all of them have never been used to commit a crime.

So what about “Red Flag” laws? Let’s take a quick look at Red Flag laws and what they do…

“Red Flag” laws are also called ERPO’s or Extreme Risk Protection Orders, a term coined by the anti-gun movement to deter from the negative reputation that came with “Red Flag” legislation. Don’t be fooled though, they are the exact same thing. Red Flag laws have actually been around since 1999, although they are quickly rising in popularity. In fact, Connecticut had a Red Flag law in place when the Sandy Hook shooting happened and California had one in place at the time of the San Bernardino attack, the Thousands Oaks shooting, and the Gilroy Garlic Festival shooting.

The proponents and mainstream media will tell you Red Flag ERPO laws allow family or law enforcement to petition the court to have the firearms removed from someone who is proven to be a danger to themselves or others.

To the general public, this sounds pretty benign, and polling reflects that when the law is presented this way.

But what if I phrased it this way: It’s a law that allows an abusive ex to petition the court, over the phone, for $0, to have the firearms confiscated from an individual they wish to disarm. The petition is granted based on the lowest evidentiary threshold used in court, a preponderance of evidence (meaning there is a 51% chance that the accusation is true) and when the temporary order is issued by the court, it is coupled with a search warrant. This means the first time the accused even finds out these proceedings are taking place is when the police are at their door ready to raid their home prepared to take away their means of self defense against the same abusive ex who requested the ERPO – and possibly the means of defense for their children.

Because that is exactly what these laws do. It is legalized swatting that can be done by a laundry list of family members, former and current roommates, and anyone you have ever been intimate with. Don’t believe me? Read through the 30+ pages of HB19-1177 “Red Flag” Extreme Risk Protection Orders that was just signed by the governor here in Colorado.

There is a big difference between supporting the concept of a Red Flag law, and supporting the actual legislation that is being passed. The devil is always in the details.

But do they work?

Well, we already pointed out above three mass shooting in California with one of the broadest Red Flag laws (right behind Colorado’s), as well as Sandy Hook in Connecticut. So, no, they didn’t work to stop killers in those instances and there is zero evidence they have thwarted any attacks elsewhere.

But what about suicide? Proponents will of course tell you yes, they work. States like Indiana pointed to stats showing suicide by firearm was decreasing. Well, turns out it wasn’t. It was still increasing but not at the projected rate, so they consider that a win. In addition, suicide by other methods has skyrocketed and Indiana has dropped from 19th in the country for mental health in 2011, to 45th in 2015, and in both 2016 and 2017 suicide was the tenth leading cause of death for all residents over all demographics, and the leading cause for certain demographics. Their Red Flag law was enacted in 2005.

Why are we seeing these results? Because these laws have nothing to do with mental health, and everything to do with taking away the guns. The bill sponsors here in Colorado even admitted that during the month long debate before the bill passed by ONE SINGLE vote with every Republican and three Democrats voting against it. Watch the video here:

These laws are widely opposed by law enforcement, as they realize the danger they will put their officers and citizens in, as well as the unconstitutionality of the law. In Colorado, more than 50 of the 64 sheriffs opposed the legislation, as did the Denver and Aurora police unions. The ACLU has opposed legislation in other states such as Rhode Island. And people have been killed having these Red Flag orders served, such as happened in Maryland when a woman ERPO’d her brother after a family dispute. She later admitted she did not believe he would have hurt a fly, but he was killed when he refused to turn over his guns. Trading death for death is never the answer. The lives of gun owners do not matter less than the lives of anyone else.

We should also always remember in the “do something” era, passing feel good, knee jerk, virtue signaling legislation is a waste of valuable time and resources that could be used to actually DO SOMETHING, for example Maine passed a completely different proper adjudication law to address the same issue. You can learn about that by listening to this podcast here.

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Category: Emergency Risk Protection Order ERPO