HB19-1177, the red flag gun law, is unconstitutional. Step 1: A person petitions a judge to confiscate a person’s guns and the judge agrees. Step 2: The guns are confiscated. Step 3: The defendant goes to a hearing and has to prove that he is not mentally ill.
Presumption of innocence is one of the most sacred principles of the American justice system. The burden of proof is on the prosecution, the defendant doesn’t have to prove anything. Every third-grader knows that we are innocent until proven guilty.
The Fifth Amendment clearly states that you can not be deprived of life, liberty or property without due process. The defendant’s property was confiscated before he received due process and proved to be mentally ill.
Colorado already has laws concerning screening of the possibly mentally ill without confiscating property. This law is just a liberal end-run gun grab and is unconstitutional.
Dave McCuskey
Dove Creek