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

Posted on February 28, 2020February 28, 2020 by Lesley Hollywood

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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VIDEO: Leftist Protester Wants AK-47 To “Mow Down” Gun Rights Activists

Posted on February 19, 2020February 19, 2020 by Lesley Hollywood

A group called “Longmont Leads With Love” has been protesting every Saturday in the same spot since Trump was elected in 2016. This group of mostly baby boomers come together in a small commons area at 6th and Main in Longmont, CO. Their message varies from week to week and person to person, but wanting more gun control is always part of it. These protests are regularly attended by Longmont City Council members and the city of Longmont even passed a bizarre anti-gun resolution last year.

Recently a handful of Longmont residents decided they were tired of these protesters going unchallenged and started a counter-protest group they’ve coined as “Longmont Leads With Logic“. So now, while the so-called “Love” group protests, you will find the “Logic” group on the opposite side of the street with signs, flags, and some even openly carrying firearms.

In an attempt to better understand what the “Love” group wants, people from the other side attempt to have conversations with them. This exchange was caught on video. A woman dressed in a Handmaid’s Tale costume, who was apparently protesting Trump’s boot on her neck, stated that if she had an AK-47, she’d mow down all the counter-protesters across the street. Not very “loving” if you ask us.

WATCH!

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Bill Introduced To Repeal Colorado’s Red Flag ERPO Law

Posted on February 5, 2020February 5, 2020 by Lesley Hollywood

Colorado’s Red Flag ERPO law has only been in effect since the first of the year and a bill has already hit the state legislature to repeal it. Introduced by Rep Lori Saine, Senator John Cooke and Senator Jim Smallwood, HB20-1271 Repeal Red Flag And Amend 72-hour Hold would effectively repeal the Extreme Risk Protection Order law while simultaneously changing the standard for a 72 hour involuntary hold. It has been assigned to the House Judiciary Committee. No hearing is scheduled yet but because every bill gets a public hearing in Colorado, sparks will surely fly when it does.

The changes to the 72 hour hold would replace the term “imminent” with “extreme risk” which is defined as “a credible and exigent threat of danger to themselves or others through actionable threats of violence or death as a result of current mental health state”. This would give officers more leeway in who they can place in a hold and would remove the person from the crisis, rather than leave a person in crisis while removing one tool harm could be done with.

With the hyper-partisan make up of the state legislature, it is highly unlikely the bill will make it out of committee. That said, it will give activists a megaphone to bring the Red Flag ERPO abuses we’ve already seen front and center.

The highly controversial Red Flag ERPO bill, HB19-1177 “Red Flag” Extreme Risk Protection Orders, passed through the Colorado legislature last year by one single vote and was then signed by Governor Jared Polis. It had bi-partisan opposition. Every Republican and three Democrats voted against it.

Colorado’s ERPO law has been used eight times since it became law.

Three were in Denver…

The first ERPO was filed by a police officer requesting to keep guns that had been voluntarily handed over during a domestic dispute call where the respondent made suicidal statements. The respondent voluntarily agreed to the ERPO before a permanent hearing. We detailed that case here and detailed how an ERPO wasn’t even needed.

Another hit Denver soon after. In this case, the Temporary ERPO was filed by the ex-father in law of the respondent. Ex-father in law claimed respondent had made non-specific threats. Temporary ERPO was granted and a permanent hearing was scheduled for Jan 23, 2020. Respondent did not initially voluntarily surrender his firearms or file the necessary affidavit stating he had personally relinquished them according to what is required by law; this prompted further action from the court at which time the firearms and CCW permit were seized. Respondent is also going through a nasty custody battle which according to him is being financed by the ex-father in law. The case documents include pages and pages of angry, but non-threatening text messages between ex-father in law, respondent, and ex-wife. On Jan 23, the hearing was vacated for two reasons: 1) ex-father in law is not a qualified person to file petition; 2) witnesses were out of town.

The next day another ERPO was filed against the same man by the ex-wife, who is qualified person to file under the law. That permanent case will be heard Feb 5, 2020.

In Larimer County three have now been filed…

The first was filed by the Larimer County Sheriff’s Office on an inmate. He was being held on two felony charges: Inciting Destruction of Life or Property and Retaliation Against a Witness or Victim. The petition stated that the inmate did not own any guns, but while in jail he had told cell mates that when he gets out he “wants to kill 50 people”. The ERPO was initiated in an effort to make him a prohibited buyer if he successfully bonded out. We had lots of questions about this, as if he was released on bond, being a prohibited person is a condition of that bond. After some back and forth with law enforcement and the CBI, it sounds like “it’s too much work” to get him into the CBI database via the bond route, therefore an ERPO was an easy band-aid to that broken piece of law. At the permanent hearing, an attorney for the inmate respondent argued for more time as she believed he may already be adjudicated mentally defective and a prohibited buyer. The permanent hearing was rescheduled for March 5, 2020.

The second Larimer case was filed by 64 year old Susan Holmes against CSU Police Officer Phillip Morris. Morris had shot and killed Holmes’ mentally unstable, knife wielding son in 2017. Body cam footage clearly shows the shooting as justified, and the DA agreed. On her petition, which she discussed in a YouTube video, Holmes stated that her and Morris had a child in common, a fact that made her a person qualified to file. They do not have a child in common. Holmes discovered a loophole in the ERPO law that allowed her to bypass the Temporary ERPO hearing which would have likely denied her at the door, and instead move right into a full permanent orders hearing. That hearing was a circus and the Permanent ERPO was denied in the end. The Larimer county DA then put out an arrest warrant for Holmes based on two charges: Perjury and Attempting to Influence a Public Servant. After nearly two weeks on the run, Holmes was arrested.

And the third Larimer case was denied at the Temporary ERPO hearing, but it’s so absurd it’s worth pointing out. This was our first case of legitimate family members: sister and brother. The petitioner is the sister who is apparently allowing her brother to live with her temporarily. The brother got very upset when someone moved his soap, and allegedly screamed at his sister and their father. Sister felt physically threatened and claimed she had seen a gun in the past but wasn’t sure where it is now or if he still had it. No other information besides the soap incident was provided. The petition was denied. Case closed.

Douglas County tried to do one too…

Douglas County Sheriff’s Office filed a temporary ERPO on an inmate in their jail. The inmate was homeless and owned no guns, but had made suicidal statements while detained. Similar to the thinking of Larimer ERPOing their inmate, this would have made him a prohibited buyer and unable to legally purchase a firearm when released. At the Temporary ERPO hearing it was discovered he was already a prohibited buyer because he’d been Adjudicated Mentally Defective in the past. ERPO denied, case closed.

And one in Lincoln County…

Another was filed in Lincoln County by a woman who claimed a man “whom she’d had relationship with” had made physical and verbal threats to her with a handgun. She also claimed he used alcohol and marijuana. The judge denied the temporary petition but his reasoning was not made public.

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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VIDEO: Police Break Down Susan Holmes’ Door To Make Arrest For “Red Flag” ERPO Perjury Charge

Posted on February 4, 2020February 5, 2020 by Lesley Hollywood

Susan Holmes has been arrested and it happened during a live stream with YouTuber “timmybmn”. For over 20 minutes, on the uncut version of the video, Holmes discussed her son’s case as well as Red Flag laws. The entire time police can be heard outside. Eventually they break into her home and arrest her while still on the YouTube stream. The arrest occurs approx at the 10:40 timestamp in the video below.

WATCH!

Nine days into Colorado’s atrocious Red Flag ERPO law being on the books, Susan Holmes made national news by filing a petition against a police officer who killed her mentally unstable knife wielding son in 2017. On the petition Susan claimed her and Officer Phillip Morris had a child in common, which made her a qualifying person. “Child in common” has no definition included on the petition. She live streamed the filing of the petition on her YouTube channel. You can watch that here.

Holmes managed to find a loophole in the law that allowed her to skip the Temporary ERPO hearing where the petition likely would have been denied at the door, and go right to a Permanent ERPO hearing instead. This meant a full hearing where both parties were required to be present and both parties would have as much time as needed to present their case. This hearing was a circus and was denied in the end. We were there and you can read our recap here.

On January 23, 2020 the Larimer County DA issued an arrest warrant for Holmes and even added her to the county’s Most Wanted list. Her charges? Perjury and Attempting to Influence a Public Servant. According to Larimer County Sheriff Justin Smith, the Perjury charge was based on the false statement on the petition, and the Attempting to Influence a Public Servant charge was because her end goal was to have a judge grant an Extreme Risk Protection Order on Officer Morris.

Let us know your thoughts on this latest development in the comments. Do you think if a civilian had a fraudulent Red Flag ERPO filed against them, the person who filed the false petition would be receiving the same treatment as Susan Holmes?

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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Cop ERPO Red Flagged By Mother of Man He Killed In 2017 Colorado Police Shooting; Mother Claims They Have Child Together

Posted on January 14, 2020January 15, 2020 by Lesley Hollywood

This article has been updated to reflect that the Temporary ERPO may not have been granted, but it was not denied and the case has moved forward to a permanent hearing. The judge has signed off on the request for the respondent’s appointed counsel among other things.

Colorado’s Red Flag ERPO law went into effect January 1, 2020 and we’re already finding alarming cases that deserve attention. A brand new Red Flag ERPO case out of Fort Collins, Colorado sheds light on exactly how easily this new law can and will be abused.

Here’s what we know:

On January 9, 2020 a petition was filed by Susan Holmes against a Phillip Morris. The petition states that the two have a child in common (a factor that would make Susan a qualifying person to file the ERPO under the law’s broad definition of “family or household member”). If she was not one of the people that fall into the nine categories of “family member”, she would have had to go to law enforcement to request they file on her behalf.

There is a complex history between a Susan Holmes and Phillip Morris in Fort Collins. Phillip Morris is a CSU Police Officer who shot and killed Susan Holmes’ knife wielding son in 2017 and there is no evidence the two have ever had a child in common, as it appears they did not know each other prior to the 2017 incident described below. It is also highly unlikely they have had a child since the incident given the nature of their relationship. The petition cites “ongoing violence and aggression from 2013-2017” as evidence that Morris is a danger to himself or others and an ERPO is needed to ensure he is stripped of any firearms he may own or have access to. It also states there is an ongoing lawsuit. It should be noted 2013 is when Morris was hired by CSU Police.

The ERPO was moved forward by 8th Judicial District Chief Judge Stephen Howard. He signed the request for appointed counsel among other things. A Permanent ERPO hearing will take place on January 16, 2020

It is unclear if Morris has surrendered his weapons, was entered in the NICS and CBI databases, and is off duty, as would be required by the law if a temporary ERPO was granted.

There is a long history between Holmes and Morris, and it’s a complicated one.

On July 1, 2017 Susan Holmes contacted police after her son, 19 year old Jeremy Holmes, left her home carrying an 11.25 inch bayonet knife and was talking about killing his brother who lived on the CSU campus. Susan first attempted to contact the brother and his wife but was unsuccessful, so she turned to law enforcement. During the call with police, Susan explained that her son was mentally ill.

CSU Police Officer Phillip Morris was the responding officer.

According to the Larimer County District Attorney and body camera footage, after Morris made contact, Jeremy Holmes began brandishing the knife. Morris can be heard instructing Holmes to drop his knife, even as Holmes continued to walk toward him, forcing the police officer to back up more than 100 feet in about two minutes. Morris told Holmes to drop the knife 36 times. In the video Holmes can be heard saying “kill me now” three times.

At this point, back-up Officer Erin Mast arrived and drew her weapon, also demanding that Holmes drop the knife. As Morris reached to holster his gun and grab his Taser, Holmes charged toward him with the knife. Mast shot Holmes twice, and Morris shot him four times.

Since the incident, Susan Holmes, mother of the deceased, has filed a civil lawsuit against CSU claiming lack of transparency surrounding the details of her son’s death, has run for city council, and campaigns to the point of instigation to change police practices that she believes led to the incident.

Now it appears she is asking to have Officer Phillip Morris’ weapons seized for at least 364 days, which is what would happen if the Permanent ERPO is granted. Morris would have one opportunity to request the court lift the order during those 364 days, and at that time Susan Holmes would be alerted and have the opportunity to ask the judge to deny Morris’ request. When the 364 days is up, again, before the order is lifted, Susan Holmes would be alerted and able to request the ERPO be put into place for another year.

And we must revisit the question that was brought up in the beginning – do these two really have a child together? Is it really that easy for just anyone to file an ERPO petition?

We will be watching the permanent order closely and will provide an update. More information can be found via a quick Larimer County Court Docket search.

37 counties across Colorado have declared Second Amendment Sanctuary status, but although Larimer County Sheriff Justin Smith has been an outspoken critic of the new Red Flag ERPO law, Larimer County, where Fort Collins is located, isn’t one of them. That said, even if they had declared 2A Sanctuary Status, that wouldn’t stop the orders from going through the court, nor would it stop enforcement actions within city limits unless the municipality has declared themselves a 2A Sanctuary city. Fort Collins has not done that.

Links to sources and bodycam footage are provided throughout the article so people can draw their own opinions about the police shooting. This article is about the potentially malicious use of an ERPO.

UPDATE: Susan Holmes has posted video of her petition on YouTube! WATCH:

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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What We Know About Colorado’s First Red Flag ERPO Case

Posted on January 3, 2020January 3, 2020 by Lesley Hollywood

Colorado’s Red Flag Extreme Risk Protection Orders ERPO law just went into effect on January 1, 2020. Today the news broke to the public that the first case had been successfully filed and granted. Sadly, it’s not unlikely the person being ERPO’d also heard about the ERPO against them for the first time on the local news along with the public. That is because the person being accused is not awarded the opportunity to defend themselves at the first hearing, nor are they even aware of it.

Here’s what we know about this unique first case:

Police made contact with a 26 year old man at a SW Denver gas station on December 29. 2019. PD allege he had a cut over his eye, and during a pat down search they discovered he had a loaded 9mm Glock in his waistband.
The man said the cut was from falling down and the gun was because he wanted to “off himself” after an argument with his wife and her sister. PD also allege he was visibly intoxicated.
The man later told PD that the cut was actually from his wife, who had hit him in the face with a bottle.
PD took the man in on a mental health hold due to his suicidal statement.
The firearm was seized and logged into Denver Police Property.
When PD spoke with the wife, she was also visibly intoxicated and admitted to throwing the bottle at her husband. She was booked on 2nd degree assault charges. Her story later changed and she claimed her husband has perpetrated the abuse and that he had pointed his gun at her while making threats.
At the request of PD, the man voluntarily surrendered another firearm while the domestic violence investigation took place. That firearm was a .45 caliber Springfield.
It is also alleged the man told police it was a “good thing they stopped him because he was contemplating doing something bad”.
On January 2, 2020, the Denver District Attorney’s Office declined formal charges on both parties in regards to the domestic violence allegations.

This is where the ERPO comes in:

Because no domestic violence charges were filed, the firearms needed to be returned to the owner. Instead of returning the firearms, the police officer chose to request to continue to hold them through an Extreme Risk Protection Order ERPO citing that the individual may still be suicidal.

So, now we have a potentially suicidal individual, who may or may not also be a victim of domestic violence (or perpetrator), and the police feel they have “done something” by withholding firearms –while leaving the person in crisis with many other tools. Possibly two people in crisis.

Considering this man voluntarily gave up his guns prior to the ERPO and allegedly told the police officer that he was worried he would have harmed himself if he had not, a private solution would be a great option. Imagine if this police officer visited suicide prevention organization Hold My Guns (www.holdmyguns.org) and helped arrange a FFL who would store his firearms until he felt he was in a better place. No courts, no judges, no rights being infringed – just help and compassion.

What will happen now?

On January 16, 2020 the man will go to court where he will have an opportunity to defend himself and request his firearms be returned. The police officer who filed the ERPO petition will also be there to present his case, or he could submit sworn affidavits if unable to attend in person. At that hearing, the judge will make a decision whether or not the accusations are true. This decision will be based on clear and convincing evidence, whereas at the first hearing the decision was based on a preponderance of evidence (meaning one side had more convincing evidence, even though only one side was present).

The man who has been ERPO’d can either retain a private attorney, represent himself, or request the court appoint one. Because this is a civil, not criminal, proceeding, public defenders are not used, but instead attorneys who have volunteered to work these cases for state pay will be called upon.

At the January 16 hearing, the order will either be dismissed or made permanent. If made permanent it will go into effect for 364 days. The person who has been ERPO’d will have one opportunity to ask the courts to lift it during that time. If he was to make that request, the police officer would be alerted and could ask it remain in place. At the end of the 364 days the police officer will also be alerted that it is going to expire and could request the ERPO be renewed for another year.

To learn more about Colorado’s Red Flag law, get attorney resources, and more visit www.redflagresourcecenter.com.

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Red Flag Law Now In Effect In Colorado, Here’s What You Need To Know

Posted on January 2, 2020 by Lesley Hollywood

On January 1, 2020 Colorado’s Red Flag Extreme Risk Protection Orders ERPO law officially went into effect. This means Red Flag ERPO petitions will start making their way into the courts and orders will be coming out, landing in the hands of law enforcement who will then be responsible for serving them and confiscating firearms – or not.

There is a lot to learn about this downright dangerous and unconstitutional law. The Red Flag Resource Center will be your absolute best resource. Bookmark this site. Share it with your friends and family. This effort is a collaboration between Rally for our Rights, civil rights activists, and legal experts. It has all the information you could need about the law, what to do if you’re Red Flagged, along with attorney resources. They will also be tracking ERPO’s and providing transparency to the public.

Here’s what you need to know if you are Red Flagged:

These are civil cases, not criminal. You have not been charged with a crime. The first court hearing has already taken place without you. This hearing included the petitioner and a judge. If you are receiving the ERPO order, the judge granted it based on the accusations provided by the petitioner.
Law enforcement will come to your home or place of employment to serve the order.
The law enforcement agency who will serve the order and seize the firearms will be your local municipal agency if you reside inside city limits, or your sheriffs office if in unincorporated county.
They will have a TEMPORARY Red Flag ERPO order. This order will have a future court date where the ERPO will either be made permanent or will be dismissed. This court date must be within 14 days of the initial hearing, but it can be less.
They may or may not have a search warrant.
Law enforcement may assess you for a mental health hold.
They may or may not request to take your firearms and/or CCW permit.
If they do not have a search warrant, and do not request to take your firearms, they will provide instructions as to how you can surrender them yourself. Law enforcement agencies are supposed to provide storage but many have said they will not store firearms and/or do not have the space to store firearms.
If you do not surrender your firearms, it is a Class 2 misdemeanor.
When the temporary order is granted, you are put into the NICS and CBI databases as a prohibited buyer.

Since the introduction of this bill in the state legislature, there has been debate about who can actually file a petition. The proponents have said it has to be a family member or law enforcement. We have long stood by our words that the definition of “family member” in the bill language is broad enough to include spouses and ex-spouses, former and current roommates, anyone you’ve dated, grandparents and grandchildren, and so on. When the court finalized the petition and put it on the Colorado Judicial website, everything we’ve said this whole time was vindicated. The images below are of the actual petition. This is all that needs filed. There is no filing fee. You can find all the court forms related to ERPO’s here.

If you or someone you know is Red Flagged, the Red Flag Resource Center wants to know.

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If you or someone you know is Red Flagged, the Red Flag Resource Center wants to know.

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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Colorado Gun Control Has Been A Complete Failure In Reducing Violent Crime

Posted on October 24, 2019October 25, 2019 by Lesley Hollywood

In 2013 anti-gun elected officials in the Colorado legislature passed a package of gun control bills with the promise it would bring down violent crime and save the state from what they claimed was certain catastrophe. We knew at the time they were lying, and the most recent FBI data shows those laws have been a complete failure to help reduce violent crime. In fact, violent crime has been on a steady rise ever since the laws were enacted, reversing a downward trend.

Here’s what went into law July 1, 2013:

HB13-1229: Expanded Background Checks

This law expands the federal background check requirement to include private sales and adds a mental health component.

Under the new law, before any person who is not a licensed gun dealer transfers possession of a firearm, he or she must arrange for a licensed dealer to obtain the required background check. In obtaining the background check, the dealer must follow all procedures that it would follow were it transferring the firearm in a retail transaction, including recording the transfer, retaining the records, and complying with all state and federal laws.

The law also requires the reporting by the courts of persons to the NICS and CBI database who are (1) found to be incapacitated, (2) committed to a behavioral health treatment program (e.g., for substance abuse), or (3) involuntarily certified for short-term or long-term treatment and care for mental illness.

HB13-1224: Large Capacity Magazine Ban

This law prohibits the sale, transfer, or possession of large-capacity ammunition magazines or feeding devices, which includes fixed or detachable magazines that can hold more than 15 rounds of ammunition among other things such as shotgun shell limits. A through description of the ban can be found here.

HB13-1228: Background Check Fees

This law directs the Bureau to impose a fee for performing an instant criminal background check pursuant to state law. The fee amount cannot exceed the total amount of direct and indirect costs the Bureau incurs in performing the check.

The bills were signed into law by then Governor, John Hickenlooper. Hickenlooper is currently running for senate against sitting Senator Cory Gardner who is up for reelection in 2020. Hickenlooper has even gone as far as to praise the laws and the impact they have had on the state of Colorado. I have no idea what he is praising. The new laws also spurred the 2013 successful recall of State Senator Angela Giron and then Senate President John Morse. Another recall attempt resulted in the resignation of former State Senator Evie Hudak. The resignation was a strategic move by the Colorado Democrat Party to prevent losing a third senate seat.

But have these laws impacted violence in Colorado? Our research team scoured the most recent FBI crime reporting data to get a better picture. The results were stunning. Not only has crime not decreased as was promised, it’s increased – and drastically. The following charts were put together based on the data provided by the FBI.

This first graph is violent crime which includes murder and non-negligent manslaughter, rape, robbery, and aggravated assault.

These following two charts show the overall murder rate year over year, as well as trends. While these show the murder rate was rising before the 2013 laws (0.20 murders per 100K per year, between 2010-2013), since the laws passed it’s been rising 30% faster (0.26 murders per 100K per year, between 2014-2018). So not only did the laws not reverse nor even slow the rising murder rate, it is rising even faster than before the laws.

This chart below details the forcible rape rates in the state.

Note: the revised line accounts for a change made to the definition of forcible rape in 2013 to include male victims of rape (the FBI previously only added female rape victims into their data). The revision also clarified that any penetration without consent was considered rape, including penetration by object. Learn more about that change here.

Below you will find the aggravated assault stats. The FBI defines aggravated assault as an unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury.

And lastly, here are the robbery stats for Colorado. The FBI definition of robbery is the taking or attempting to take anything of value from the care, custody, or control of a person or persons by force or threat of force or violence and/or by putting the victim in fear.

Bottom line: Colorado has a violence problem and gun control has done nothing to curb it. Until we address the root cause of the violence, it will continue to escalate no matter how many laws are made to restrict the tools a violent person may use.

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Tag: gun rights