Red Flag ERPO Critic and CO Sheriff Gets ERPO’d AGAIN By Jail Inmate

Red Flag ERPO Critic and CO Sheriff Gets ERPO'd AGAIN By Jail Inmate

On Februrary 25,2020 one of Colorado’s most outspoken critics of Colorado’s Red Flag ERPO law, Weld County Sheriff Steve Reams, was red flagged using the state’s Extreme Risk Protection Order (ERPO) law – and it was an inmate who has been incarcerated in his jail since 2016 on serious drug trafficking charges who filed it – from jail.

That story was nuts.

And now it’s happened again, less than two months later.  Same inmate, new ERPO – from jail! 

According to a post on Reams’ Facebook page, on April 15, 2020 an Extreme Risk Protection Order petition was filed by inmate Leo Crespin against Sheriff Steve Reams, which is public record.  The inmate claims he falls under the law’s extremely broad definition of ‘household or family member’ by marking the box “I regularly reside or have resided with the respondent in the last 6 months”, citing that he lives in Reams’ jail.

In the body of the petition the inmate states that Sheriff Reams arms his S.O.G. officers with 12 gauge shotguns.  The Weld County jail S.O.G. (Special Operations Group) is responsible for maintaining order in situations involving enhanced security risk.  The “shotguns” they carry are actually devices that fire less-than-lethal projectiles and are only carried by the specialized team of officers.

The petition was immediately dismissed by district court Judge Vicente Vigil.

You can read the petition and the ruling in the images below, but it is along the same lines as the February ERPO that was filed.  Read all about that here.

 

 

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CO Sheriff And Red Flag ERPO Critic Steve Reams Gets ERPO’d By Jail Inmate

CO Sheriff, Red Flag ERPO Critic, Steve Reams Gets ERPO'd By Jail Inmate : Rally For Our Rights

One of Colorado’s most outspoken critics of Colorado’s Red Flag ERPO law, Weld County Sheriff Steve Reams, has been red flagged using the new Extreme Risk Protection Order (ERPO) law – and it was an inmate who has been incarcerated in his jail since 2016 on serious drug trafficking charges who filed it – from jail.

On February 25, 2020 the inmate filed the petition. On the petition, which is public record, the inmate claims he falls under the law’s extremely broad definition of ‘household or family member’ by marking the box “I regularly reside or have resided with the respondent in the last 6 months”. I suppose there may be some validity to this, as he is housed in Sheriff Reams’ jail.

In the body of the petition the inmate states that “Sheriff Steve Reams is the rudder of the ship, and that ship being the S.O.G. who carry shotguns inside the jail”.  According to the inmate, these deputies carry these “deadly weapons 24 hours a day intimidating and threatening people for the most minor things, such as get on your bed.”  You can read the entire petition below.

The Weld County jail S.O.G. (Special Operations Group) is responsible for maintaining order in situations involving enhanced security risk.  The “shotguns” they carry are actually devices that fire less-than-lethal projectiles and are only carried by the specialized team of officers.

The petition was dismissed as soon as it landed on the desk of Judge James F. Hartmann, without allowing a temporary hearing where the petitioner would be present but the respondent would not be, and the case decided based on a preponderance of evidence.  The judge wrote an in depth statement as part of his dismissal order which in conclusion stated that the petitioner failed to provide any facts that either Sheriff Reams or his deputies were a “significant risk of causing personal injury to themselves or others in the immediate future” as is required by the law, and that the allegations made were not against any specific individual or Sheriff Reams himself, but instead were an attempt to prevent peace officers from carrying firearms within the jail.  The judge refused to address the threshold question of whether or not his residency inside the jail made him a qualifying petitioner.

In a radio interview with Peter Boyles of 710 KNUS today, Sheriff Reams said he found out about the petition when the dismissal order was emailed to him while he was out of town.  This is because according to the law the person being Red Flagged, the respondent, is not informed of the proceeding until AFTER the first hearing has taken place.

This is the second ERPO filed against a member of law enforcement since the Colorado law took effect January 1, 2020.  The first was filed on January 9, 2020 by Fort Collins resident, Susan Holmes, against a Colorado State University Police Officer who fatally shot her son in 2017.  Her son was carrying an 11 1/2″ bayonet hunting knife and had lunged at the officer before he was killed.  After a circus of a hearing, Holmes was charged with perjury for marking the box on her petition stating she was a ‘household or family member’ because her and the officer had a child in common.  It is far less clear if perjury charges in this new case filed against Reams would stick, as “residency” is not really defined within the scope of the law.

Weld County is one of Colorado’s ten largest counties with a large land mass and diverse demographic.

I myself hold law enforcement to high standards when it comes to excessive force, therefore I feel it should be noted Weld is one of only a few counties where the DA refuses to sign off on no-knock raids, and Sheriff Reams has a record of taking swift action in cases of excessive force.  In November 2019, two Weld County deputies were fired and one resigned after video surfaced of them using excessive force during an interrogation when the suspect refused to cooperate.  Two of them had been with the sheriff’s office for 15 years.  One of the deputies was charged with third degree assault.

Sheriff Reams has been sounding the alarm for over a year now on how Colorado’s poorly written Red Flag law can easily be abused and now he has lived it first hand.  He made international news when he told CNN he’d rather sit in his own jail in contempt than enforce an unconstitutional and dangerous Red Flag order.  Reams has been a great ally to us here at Rally for our Rights, even joining us on stage to speak against the Red Flag ERPO law at rallies as well as teaching seminars on the dangers of the law to gun owners and other concerned citizens.  He also helped lead the Second Amendment Sanctuary movement here in Colorado, of which more than half the state’s counties joined.

A burning question of mine that I’ve brought up many times: Why are these free to file?  Even a small filing fee would deter the most frivolous of cases.  Nothing else in the court system is free to file and even a Temporary Restraining Order is $97.

Proponents of Red Flag laws will undoubtedly point to this case as “working as it intended” since no one had their guns seized or their rights violated.  I would argue against that in several ways.  First, what an absolute waste of court time and taxpayer resources.  Second, how scary is it that these petitions are THIS easy to file?  And third, just as we saw in the Susan Holmes case, we’re again seeing how high profile individuals are naturally awarded protection from the abuses of the law.  If this had been an average citizen, unknown to the judge, and someone they had let crash on their couch for a couple weeks, we’d have a completely different story to tell.  And honestly, that is playing out in Colorado already.  This case is the eighteenth ERPO filed in less than two months and a repeal bill has been introduced into the Colorado State Legislature. That bill will get it’s first hearing on March 12, 2020.

To learn more about Colorado’s Red Flag Law, obtain attorney resources, and/or report if you’re Red Flagged, visit www.redflagresourcecenter.com.

 

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

Five of Colorado's Ten Safest Cities Are In A Second Amendment Sanctuary County : Rally for our Rights

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:

  1. Firestone (Weld)
  2. Louisville (Boulder)
  3. Frederick (Weld)
  4. Golden (Jefferson)
  5. Broomfield (Broomfield)
  6. Windsor (Weld)
  7. Parker (Douglas)
  8. Erie (Weld)
  9. Johnstown (Weld)
  10. 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.

Five of Colorado's Ten Safest Cities Are In A Second Amendment Sanctuary County : Rally for our Rights

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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In Anticipation Of Red Flag Law, Colorado Counties Declared Gun Rights Sanctuaries En Masse

Second Amendment Sanctuary Counties Colorado Rally for our Rights

UPDATED April 13th, 2019

It’s a battle that’s playing out across the nation: states that are pushing gun control legislation directly against the will of the citizens are witnessing entire counties push back en masse.  In New Mexico 29 out of 33 counties have declared themselves “Second Amendment Sanctuaries”.  In Oregon, ten counties ran “Second Amendment Preservation Ordinances” on the ballot last election, and it passed in eight of them.  In Washington, 20 counties have said they will not enforce the overreaching laws forced upon law abiding citizens when I-1639 passed last November.  And we’re seeing it pop up other places as well, including Nevada and Illinois.

It should come as no surprise with HB19-1177 – “Red Flag” Emergency Risk Protection Orders – looming, Colorado is following suit – and the counties are adding up fast.

Have no doubt, this is just the tip of the iceberg as Colorado’s very ugly version of a “Red Flag” Emergency Risk Protection Orders (ERPO) bill is being rushed through the legislature.  The “Red Flag” bill has passed the state house and senate, and is awaiting the governor’s signature.  Click here to contact him immediately and ask he veto this terrible piece of legislation. And then make sure to sign our petition in support of strategic recalls should this bill pass! 

Wondering what a Second Amendment Sanctuary County means?  In nearly all of these instances, these efforts are being led by the county sheriff, then joined by the county commissioners, who say no county funds will be used to process ERPO’s or store confiscated weapons, and that the right to keep and bear arms extends to all citizens of the county.  How far will YOUR sheriff go to not comply should HB19-1177 become law?  Well, it varies and I’d suggest asking them yourself for more specific clarificiation.

Here’s the scoop on the current list of Second Amendment Sanctuary counties:

Garfield County: Passed Resolution April 8, 2019
Las Animas County: Passed Resolution April 3, 2019
Phillips County: Passed Resolution April 3, 2019
Morgan County: Issued Statement April 3, 2019
Bent County: Passed Resolution March 27, 2019
Sedgwick County: Passed Resolution March 20, 2019
Montrose County: Passed Resolution March 20, 2019
Mineral County: Passed Resolution March 19, 2019
Lincoln County: Passed Resolution March 19, 2019
Archuleta County: Passed Resolution March 19, 2019
Delta County: Passed Resolution March 19, 2019
Logan County: Passed Resolution March 19, 2019
Huerfano County: Passed Resolution March 19, 2019
Crowley County: Passed Resolution March 18, 2019
Jackson County: Passed Resolution March 14, 2019
Rio Grande County: Passed Resolution March 13, 2019
Elbert County: Passed Resolution March 13, 2019
Alamosa County: Passed Resolution March 13, 2019
Washington County: Passed resolution March 12, 2019
Douglas County: Passed resolution March 12, 2019 (Sheriff not in support)
Dolores County: Passed resolution March 12, 2019
El Paso County: Passed resolution March 12, 2019 (Sheriff may still enforce law or parts of law)
Prowers County: Passed resolution March 11, 2019
Cheyenne County: Passed resolution March 8, 2019
Park County: Passed resolution March 7, 2019
Teller County: Passed resolution March 7, 2019
Baca County: Passed resolution March 6, 2019
Conejos County: Passed resolution March 6, 2019
Kit Carson County: Passed resolution March 6, 2019
Weld County: Passed resolution March 6, 2019
Moffat County: Passed resolution March 5, 2019
Montezuma County: Passed resolution Feb 28, 2019
Custer County: Passed resolution Feb 28, 2019
Kiowa County: Passed resolution Feb 28, 2019
Fremont County: Passed resolution Feb 26, 2019
Rio Blanco County: Passed resolution May 21, 2018
Otero County: Passed resolution in 2013, although they commissioners and sheriff are refusing to draft language specific to HB19-1177

These municipalities have joined with their counties:

Craig, CO: Passed resolution March 11, 2019
Canon City, CO: Passed resolution March 18, 2019
Milliken, CO: Passed resolution March 27, 2019
Silver Cliff, CO: Passed resolution April 1, 2019
Lamar, CO: Set to pass resolution
Greeley, CO: Considering

Colorado Counties Say WE WILL NOT COMPLY To Red Flag Law Should It Pass : Rally for our Rights

The following counties are considering implementing similar resolutions or their sheriff is in opposition:

Adams County

Adams County Sheriff Rick Reigenborn stated on Facebook that he has not been up to speed on the Red Flag Bill, but upon further review he agrees Sheriff Reams brings up a lot of important issues, and as written, he opposes the bill as well.  He believes there are many flaws.

Eagle County

In Eagle County the sheriff came out the day the governor signed the bill with a very thorough analysis of why he is now in opposition of the legislation as written.  That can be found here.

Routt County

The Routt County sheriff has publicly stated that he supports the concept of a Red Flag Law, but finds HB19-1177 deeply flawed with many potential problems.

Ouray County

The Ouray county sheriff is against the bill.

Saguache County

In Saguache county, the sheriff has asked the citizens to contact their county commissioners requesting they pass a Second Amendment Sanctuary resolution.

Grand County

Grand  County Sheriff is in direct opposition of Colorado’s Red Flag law, calling it unconsituational, and the county commissioners echo his concerns.  They are determining what to do next.

Yuma County

Yuma County Sheriff T.C. Combs is working with the Yuma County Commissioners to pass a resolution making their county a Second Amendment Sanctuary.  They are currently awaiting legal advice before moving to the final vote.  All three county commissioners support the resolution.

Chaffee County

The Chaffee county sheriff said at state senator Kerry Donovan’s town hall that he is in complete opposition of Colorado’s Red Flag bill, and he joined with the commissioners to draft a letter to the legislature pointing out 14 very specific issues with this legislation. The commissioners side stepped the issue at their recent meeting and moved the issue to a public forum.

Pueblo County

The Pueblo County Sheriff has publicly voiced his opposition and two of the three Democrat county commissioner made public statements at their last county commissioner meeting that they have grave concerns with the bill (the third was not present).

Mesa County

Rose Pugliese, chairwoman of the Mesa County Board of Commissioners, said her board passed a comprehensive resolution in 2013 supporting the Second Amendment and she plans to present the newest resolution to the entire board of commissioners in the coming days.  The Mesa County Sheriff has also come out in strong opposition to the Red Flag legislation currently being considered.

Larimer County

In Larimer County, Sheriff Justin Smith has publicly stated his opposition to the current version of the Red Flag bill, and all three county commissioners (including Democrat and former State Senator, John Kefalas) have issued a letter to the Senate asking them to oppose this bill.

Jefferson County

Jefferson County Sheriff Jeff Shrader is also in public opposition to HB19-1177.  The Board of County Commissioners have yet to make a statement.  I will reach out to them as well.

Did I miss any?  If so, let me know in the comment and I’ll add them! 

Want yours added to the list?  Contact your county sheriff and county commissioners and ask them what their position is on such a measure.  If they support it, feel free to contact us and we can help make it happen.

In the meantime, make sure you sign our petition in support of strategic recalls!  Click here.