Colorado enacts 'red flag' law to seize guns from those deemed dangerous

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Colorado became the 15th state on Friday to adopt a “red flag” gun law, allowing firearms to be seized from people determined to pose a danger -- just weeks after dozens of county sheriffs had vowed not to enforce the law, with some local leaders establishing what they called Second Amendment "sanctuary counties."

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Van Beek charged that the law treats accused gun owners like "criminals," discourages individuals from seeking mental health treatment, and ignores the reality that "a disturbed mind will not be deterred by the removal of their guns."

Noting that cities with strict gun laws still experience high murder rates, van Beek asserted: "By removing guns from someone intent on committing suicide or murder, we still have the danger of someone who may be unbalanced, now, angrier than before, and looking for another means … explosives, poisons, knives, car incidents of mowing down groups of unsuspecting innocent."

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Colorado’s law, approved by Democratic Gov. Jared Polis, allows family, household members or law enforcement to petition a court to have guns seized or surrendered based on a showing that someone poses a danger under the "preponderance of the evidence," a civil standard which means that the defendant is more likely than not to be a threat.

"In other words, there is just over a 50/50 chance of accuracy," van Beek wrote, noting that someone's guns could be seized even without a mental health professional making a determination of any kind. "Like the flip of a coin. Couldn’t that apply to just about anything a person does?"

A subsequent court hearing could extend a gun seizure up to 364 days, and gun owners can only retain their guns if they meet a burden of demonstrating by "clear and convincing evidence" -- a much higher standard -- that they are not in fact a threat. Gun owners, van Beek said, are "guilty until proven innocent" under this framework.

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