Red flag bill, 2nd Amendment sanctuaries: A look at the legal questions
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Red flag bill, 2nd Amendment sanctuaries: A look at the legal questions


WORK. THEY EVENTUALLY HOPE TO OPEN SOMETIME TODAY, BUT IT ALL DEPENDS ON HOW THAT WORK GOES. >>> EIGHT LOCAL GOVERNMENTS AND COUNTIES HAVE DECLARED THEMSELVES SECOND AMENDMENT SANCTUARIES AS STATE LAWMAKERS ARE CONTINUING TO PUSH THROUGH A NEW GUN CONTROL MEASURE THROUGH THE COLORADO LEGISLATURE. THIS IS CALLED THE RED FLAG BILL. THE BILL IS ESSENTIALLY ALLOWING A JUDGE TO ORDER SOMEONE’S GUNS BE TEMPORARILY TAKEN AWAY IF THEY ARE CONSIDERED TO BE A RISK. THAT PERSON WOULD THEN HAVE TO PROVE THAT THEY ARE NO LONGER A THREAT TO HAVE THEIR GUNS RETURNED TO THEM. THERE ARE A LOT OF QUESTIONS WE’VE GOT ABOUT THIS. >>WE HAVE WHITNEY TRAYLOR HERE. HE’S OUR 9 NEWS LEGAL EXPERT AND M.S.U. PROFESSOR TO GIVE US A LITTLE BIT MORE INSIGHT ON THIS. THANK YOU SO MUCH FOR BEING HERE. >>SURE. GOOD TO BE HERE. >>LET’S GET RIGHT TO IT. WHAT HAPPENS IN THOSE CITIES THAT HAVE DECLARED THEMSELVES SANCTUARY CITIES? >>WELL, I THINK WE ACTUALLY HAVE TO BACK UP AND LOOK AT THE RED FLAG BILL WHICH ANUSHA JUST MENTIONED WHICH SAYS THAT, LOOK, SOMEBODY CAN PETITION AND SAY I THINK THIS PERSON IS A DANGER, IT COULD BE A RELATIVE OR LAW ENFORCEMENT, AND THEY SAY WE THINK THEY’RE GOING TO HURT THEMSELVES. AND ALL THEY HAVE TO SHOW TO A JUDGE IS A PREPONDERANCE OF THE EVIDENCE. SO IT’S KIND OF A LOW STANDARD TO ISSUE THAT. AND SO THEN IF IT ISSUES, THEN 14 DAYS LATER THERE’S ANOTHER HEARING WITH THE FAMILY MEMBER WHOSE GUNS MAY BE TAKEN TO DETERMINE IF IT SHOULD BE LONG TERM. AND IF IT SHOULD BE LONG TERM, THAT WOULD BE 364 DAYS. SO HERE WHAT THE SANCTUARY CITIES ARE SAYING IS THAT THESE SHERIFFS ARE SAYING, LOOK, IF SOMEBODY GOES AND PETITIONS THIS AND A JUDGE ORDERS THEM TO RELINQUISH THEIR WEAPONS, WE’RE NOT GOING TO GO AND ENFORCE THAT, WE’RE NOT GOING TO GO AND TAKE THEIR GUNS BECAUSE THE BIG ARGUMENT IS, YOU KNOW, IT’S A SETTLEMENT ISSUE, IT’S INFRINGING ON OUR GUN RIGHTS, BUT THERE’S ALSO THIS FOURTH AMENDMENT ISSUE WHICH IS SAYING YOU’RE TAKING OUR PROPERTY WITHOUT DUE PROCESS. >>SO DO SHERIFFS IN A COUNTY, DO THEY HAVE THE LEGAL RIGHT TO SAY, HEY, WE’RE NOT GOING TO ENFORCE A STATE LAW? >>WELL, THAT’S EXACTLY RIGHT. NO. SHERIFFS CANNOT PICK AND CHOOSE WHICH LAWS THEY WANT TO ENFORCE BECAUSE IF THAT WERE THE CASE THEN, YOU KNOW, IT’S LIKE THE MILITARY, YOU HAVE TO KIND OF FOLLOW THE HIERARCHY. SO WHAT WILL HAPPEN IS THAT IF A SHERIFF SAYS WE’RE NOT GOING TO ENFORCE IT, THEN WE’RE GOING TO HAVE THIS LEGAL BATTLE. AND THE QUESTION IS GOING TO BE IS THE RED FLAG BILL CONSTITUTIONAL. AND SO THE REAL QUESTION IS GOING TO BE, HEY, IS THIS LAW CONSTITUTIONAL BECAUSE OF IT’S DEEMED UNCONSTITUTIONAL, THEN THE SHERIFFS DON’T HAVE TO ENFORCE IT ANYWAY. SO RIGHT NOW THEY’RE SUPPOSED TO ENFORCE IT IF THE LAW PASSES AND IF THEY DON’T, THEN WE’LL HAVE A LEGAL BATTLE AND A COURT WILL ULTIMATELY MAKE THE DECISION. >>AND AS YOU MENTIONED, THAT IS GOING TO HAVE TO PROBABLY GO INTO A LENGTHY COURT BATTLE. HOW DO YOU FEEL A COURT WOULD RULE IN A SITUATION LIKE THAT, OR IS IT TOO TOUGH TO DETERMINE? >>WELL, IT IS GOING TO BE TOUGH TO DETERMINE BECAUSE THE CONSTITUTIONAL LAW IS COMPLEX. AND HERE YOU’RE TALKING ABOUT A FOURTH AMENDMENT RIGHT SAYING, LOOK, YOU’RE COMING IN WITHOUT DUE PROCESS AND TAKING MY PROPERTY. AND OTHERS WOULD SAY, WELL, NO, A JUDGE ACTUALLY LISTENED TO THE EVIDENCE AND MADE THE DETERMINATION, SO THAT’S ACTUALLY YOUR DUE PROCESS. SO IT’S GOING TO BE INTERESTING. I MEAN, ALL OF OUR AMENDMENTS HAVE EXCEPTIONS. SO, I MEAN, IF I HAD TO CALL IT BASED ON RIGHT NOW, I WOULD THINK THAT THE SAFETY CONCERNS OUTWEIGH THE ISSUES RELATED TO THE CONSTITUTIONAL DUE PROCESS ISSUES. SO I THINK THE RED FLAG BILL WILL BE UPHELD. >>SO WOULD THE END GAME KIND OF BE FOR THESE COUNTIES SAYING THEY’RE SANCTUARY CITIES TO BE, LIKE, OKAY, THIS LAW PASSED, BUT IF WE CAN GET IT TO COURT, WE CAN AT LEAST FIGHT IT ON THE CONSTITUTION AND THAT MIGHT DELAY IT BEING IMPLEMENTED, WOULD THAT HAPPEN? >>WELL, NOT NECESSARILY. AND THEY CAN STILL CHALLENGE THE LAW WHILE ACTUALLY FOLLOWING IT. I MEAN, THAT HAPPENS WITH TIME. THAT’S HOW OUR LAWS DEVELOPED. IT’S OUR COMMON LAW SYSTEM. SO, YOU KNOW, THIS LAW IS PASSED, AND THEN THE COURTS SAY, YES, IT IS CONSTITUTIONAL OR NOT, BUT THEY DON’T HAVE TO ACTUALLY NOT ENFORCE IT TO CHALLENGE IT. SO EITHER WAY I THINK IT’S GOING TO BE CHALLENGED IN A COURT WILL ULTIMATELY MAKE THAT DECISION. >>IT’LL BE INTERESTING TO SEE HOW THIS GOES. >>YEAH. IT’LL BE A WHILE. WELL, AND ONE ISSUE IS — THAT’S A REAL CONCERN IS IF A SHERIFF SAYS, YOU KNOW WHAT? SOMEBODY PETITIONED AND SAID, LOOK, MY BROTHER IS LOOKING DANGEROUS AND WE SHOULD TAKE HIS WEAPON AND THE COURT SAYS, YES, WE AGREE, DO IT, AND IF THE SHERIFF THEN DOESN’T GO IN AND ENFORCE THAT AND THAT PERSON HARMS SOMEBODY, THAT’S GOING TO BE AN EXTREME LIABILITY. >>THAT’S A WHOLE OTHER SET

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