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Home / US / The disputed arms conference in Colorado becomes the law, 11 sheriffs who are ready to decide the jail on the execution

The disputed arms conference in Colorado becomes the law, 11 sheriffs who are ready to decide the jail on the execution



"This is a moment of progress," said Alec Garnett, Majority Leader of Colorado House, one of the four sponsors of the legislation. "Today we have done something that was difficult and will save lives."

Known as the "Extreme Risk Protection Order," the law will allow a family member, roommate or law enforcement agency to temporarily request a judge seize a person's firearms if they are for themselves or for others as a risk. 14 other states have passed similar legislation.

However, the law is now facing major hurdles, and a lobby of the pro-gun lobby promises to challenge it in court. In addition, a growing number of sheriffs in the state have vowed to ignore the law when it comes into force next year, declaring it unconstitutional.

At least 1

0 more CNN-contacted sheriffs are behind Reams, ready to go instead of enforcing a law they believe would violate a person's constitutional rights.

"How many judges will send all sheriffs in Colorado who oppose that to jail?" Teller County Sheriff wondered Jason Mikesell, who is one of the sheriffs willing to go to prison instead of execution.

Garnett said he was not worried about sheriffs being imprisoned.

"What I'm going to lose now is if this is the choice they make, and someone who loses his life, someone goes to a shooting opportunity in the crisis, (or) commits suicide," because a gun not true. "He was taken away," he said.

  Laws that remove firearms from those considered to be a security risk reduce gun-related suicides, study finds

Reams insists that he does not Like Prowers County Sheriff Sam Zordel.

"I've already asked the coroner if he wants to (go to jail) and get some training," he said, declaring that if he became a prisoner, the coroner would be assigned to direct the county jail.

  This Colorado sheriff is more willing to go to jail than enforce a proposed gun law.

Others took a more moderate approach.

"I'm ready to go to jail for this, the only exception would be an extreme case, and most sheriffs would agree," said Tom McGraw, sheriff of Park County.

The law is intended to be used only in the most extreme cases, but critics believe that it is permissible to take weapons on false accusations. An impartial analysis of the Legislative Council bill from Colorado predicted that the number of false red flag petitions would be low and that the law would only be used 170 times a year.

California and Washington use similar laws even less than the red flags, although a similar law is adopted six times more often in Maryland than in Colorado.

Legal challenges could be on the way.

"Rocky Mountain Gun Owners will file a lawsuit against the Red Flag before the end of the session," said Dudley, lobby manager Brown, he said. The legislative session ends on 3 May. Brown also said a second lawsuit could be filed after the law came into effect, but declined to give more details.

Brown also plans to recall "at least 10" state legislators who have supported the government's legislation. Two Colorado lawmakers were successfully recalled in 2013 after supporting the controversial background testing legislation and limiting journal size.

The Sheriff Office in El Paso County initially said that the county would file a lawsuit as soon as the legislation came into force. The county now says it's still "in the brainstorming phase" of a possible lawsuit, says county spokesman Matt Steiner.

  The governor of New York, along with Nancy Pelosi, signs a red flag. Gun Protection Act

According to the Giffords Law Center, which supports harder gun laws, there have been no successful legal challenges to similar state laws. However, there is an ongoing complaint in a district court in Illinois, in which an injunction is sought, on the grounds that the law violates the second and the 14th amendment of the state. State law enforcement agencies such as the Colorado State Patrol "do not have the power to replace local control" and instead attack the weapons, says Shelby Wieman, a spokeswoman for Governor Polis.

Polis is confident that law enforcement authorities will not ignore the court orders to confiscate weapons, but if so, the district courts or attorney general would have to make the decision.

Ignoring Weapon Laws Against Immigration Laws

The statement of a "Sanctuary County" borrows the wording that is used by immigration lawyers to describe jurisdictions in which local law enforcement agencies do not deal with federal agencies Working together, undocumented immigrants accused of crimes invade local prisons.

If it's okay to ignore the immigration laws, why can not the Colorado counties ignore the gun laws?

The University of Denver Law Professor John Campbell said local prosecution "could not decide not to enforce the law of their state." Enforcement of federal laws, such as immigration legislation, is voluntary for local authorities.

If a sheriff violates a court order to seize a person and uses it to hurt someone, Campbell believes the sheriff could be held accountable. Law enforcement has immunity for genuine mistakes, but not for recklessness or obvious disregard of their legal duty.

"These are classic conditions for liability, even if people would normally enjoy immunity," he said.

While the legal obligation to enforce a court's seizure is different from the enforcement of immigration laws, Campbell said the findings may be the same – someone who is injured or killed.

  Kate Steinle
In 2015, 31-year-old Kate Steinle was killed by an undocumented immigrant who was released from prison despite a request from the US Department of Immigration and Customs (ICE). A federal appeals court ruled last month that Steinle's parents could not prosecute the Sanctuary Directive, which allowed their killer to avoid deportation and not go free.

Garnett said sheriffs should enforce the new weapons law, but they would not comment on enforcing the immigration law.

"Immigration laws are primarily federal affairs, and I will not go into that," he said.

Sheriff Reams has acknowledged his liability risk by ignoring a court-ordered gun tag, but he's not worried.

"The person committing one crime against another is truly the person in charge," he said, adding that a person who is mentally ill would use existing laws to arrest them for treatment. "We still plan to deal with the person."

Mary Rose Fox of CNN contributed to this report.


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