AND
AND THURSDAY HAS THE CHANCE OF A FEW SNOW FLURRIES OTHERWISE A
COOLDOWN AND A REBOUND FOR THE
WEEKEND.>>> COLORADO'S FIRST
CASE UNDER THE RED FLAG LAW IS
WORKING ITS WAY THROUGH THE
COURTS.
COURTS.
COURTS. IT STARTED FROM DOMESTIC
VIOLENCE INVESTIGATION BETWEEN
A MAN AND HIS WIFE IN DENVER.
THE MAN IS SET TO APPEAR IN TWO
WEEKS.
WEEKS.
WEEKS. THIS IS A STATUTE, YOU BROUGHT
THIS IN, WHAT, 26 PAGES HERE?
>> THAT IS THE NEW LAW, THE RED
FLAG, AND IT'S GOOD THAT IT'S
THAT LONG BECAUSE IT IDENTIFIES
AND GIVES A LOT OF THE
PROCEDURES AND REALLY BREAKS
DOWN THE LAW WELL.
>> LET'S TALK ABOUT THIS FIRST
CASE, WHAT ARE YOUR THOUGHTS ON
IT RIGHT NOW?
>> THE FIRST CASE, I DON'T
THINK IT'S GOING TO BE
CONTESTED, THIS WAS A SITUATION
AS YOU INDICATED IN WHICH A MAN
WAS ACCUSED OF DOMESTIC
VIOLENCE.
VIOLENCE.
VIOLENCE. THE WIFE CALLED HIM IN, AND THE
POLICE CAME AND HE VOLUNTARILY
GAVE HIS WEAPONS.
BUT, NOW UNDER THE DOMESTIC
VIOLENCE LAW, NOW THE, INSTEAD
OF RETURNING THEM, THE POLICE
PETITION UNDER THE RED FLAG LAW
TO KEEP THE WEAPONS.
THIS IS WHERE I THINK TALKING
ABOUT THE WHAT THE PROCEDURAL
LAW IS, BUT, THEY SAID YES YOU
CAN KEEP THE GUNS, BUT THERE IS
NOW A HEARING ON THE 16th TO
DETERMINE IF WILL BE FOR A LONG-
TERM, 364 DAYS.
BUT, THE MAN WHOSE GUNS WERE
CONFISCATED, HE SAID, I WAS
GOING TO ESSENTIALLY HARM
MYSELF, I'M GLAD THAT YOU TOOK
THE GUNS.
THE GUNS.
THE GUNS. >> UNDER THIS LAW, WHEN DOES
LAW ENFORCEMENT ACT AND WHAT
ARE THEY ALLOWED TO DO?
>> UNDER THIS PETITION, IT CAN
BE A FAMILY MEMBER OR LAW
ENFORCEMENT THAT SAYS LOOK,
THIS PERSON IS GOING TO HARM
THEMSELVES OR SOMEBODY ELSE,
THEY CAN COME AND TAKE THEIR
WEAPONS.
WEAPONS.
WEAPONS. PROCEDURALLY, IT IS IMPORTANT
WHAT HAPPENS ON THE PROCEDURES
SIDE.
SIDE.
SIDE. SO
SIDE. SO FIRST, THEY CAN GO IN AND
SAY TO THE JUDGE, WE SEE THIS
PERSON IS GOING TO HURT
THEMSELVES.
THEMSELVES. IF THEY PROVE TO THE JUDGE BY
CONVINCING EVIDENCE THAT THEY
ARE WITH A SWORN AFFIDAVIT,
THEN THE JUDGE WILL ISSUE THE
ORDER AND GIVE THAT TO THE
SHERIFF TO THEN GO AND GET THE
WEAPONS.
WEAPONS.
WEAPONS. ONCE THEY GET THE WEAPONS,
THERE WILL BE ANOTHER HEARING
WITHIN 14 DAYS, WHETHER THE
PERSON CAN APPEAR THEMSELVES
AND CONTEST IT.
SO, IT'S THE INITIAL HEARING
WITHOUT THE PERSON AND THE
SECOND HEARING IS WITH THE
PERSON.
PERSON.
PERSON. >> I WANT TO GET TO THIS
SANCTUARY CITIES, THEY ARE
REFUSING TO ENFORCE THIS LAW.
THE SHERIFF SAID, I'M NOT GOING
TO ENFORCE THIS LAW, I'M GOING
TO GO TO JAIL BEFORE I DO THAT.
WHAT ARE SOME OF THE LEGAL
REQUIREMENTS THERE?
REQUIREMENTS THERE? WE CAN SEE THIS DEFINITELY TAKE
A DIFFERENT COURSE, I MEAN, WE
ARE ONLY FIVE DAYS INTO THE NEW
YEAR.
YEAR.
YEAR. >>
YEAR. >> THERE'S GOING TO BE SOME
LITIGATION IF THE COURT ORDERS
A SHERIFF TO CONFISCATE
SOMEONE'S GUNS UNDER THESE LAWS
AND THE SHERIFF REFUSES TO,
THAT SHERIFF WOULD ESSENTIALLY
BE IN CONTEMPT.
AND THE ATTORNEY GENERAL TALKED
ABOUT THIS AND SAID, WE ARE
GOING TO TRY TO EDUCATE PEOPLE
BECAUSE THIS IS GOING TO SAVE
PEOPLE'S LIVES IS WHAT THEY
THINK.
THINK.
THINK. SO
THINK. SO THE ISSUE IS, WILL THEY BE
IN CONTEMPT?
IN CONTEMPT? THIS ALSO COMES DOWN TO THE
NOTION OF PREEMPTION WHICH IS
UNDER THE SUPREMACY CLAUSE,
STATE LAW ESSENTIALLY OVERRIDES
THESE LOCAL LAWS.
SO THEY SHOULD HAVE TO ENFORCE
IT BUT REAL QUICKLY, I LOOKED
AT COMMERCE CITY THIS MORNING,
THEY ARE A CENTURY CITY AND
ALTHOUGH THEY DECLARE
THEMSELVES AS A SANCTUARY CITY,
THEY SAY WE ARE NOT DIRECTING
ANY COURT ORDER.
SO I THINK IT IS ALMOST A
SYMBOLISM THAT THEY ARE A
CENTURY CITY BECAUSE IF A COURT
ORDERS THEM, THE CITY IS
SAYING, DON'T VIOLATE THE