Red Flag Law Fail in Colorado
Most cops don't like red flag laws. A red flag law is a gun control law that permits police or family members to petition a state court to order the temporary removal of firearms from a person who may present a danger to others or themselves. A case this week in Colorado showed us a glaring example of red flag law abuse.
Police Officer Targeted
According to a story in the Coloradoan, Susan Holmes filed a red flag petition against the Colorado State University police officer that shot and killed her son. In that shooting, Jeremy Holmes, 19, was fatally shot July 1, 2017 after he charged an officer while wielding an 11-inch hunting knife. Officers warned him more than 40 times to drop the knife prior to firing their weapons. According to police body camera footage, Jeremy Holmes said he wanted to die before lunging at officers.
Red flag petitions in Colorado can only be filed by law enforcement, a family member, or a household resident. Susan Holmes is none of these and committed perjury by filing the red flag petition. Here at 2Acops.com, we have heard of police officers being targeted by their own agency during petty internal disputes under red flag laws. We haven't written about them to protect those that are fighting in court against their agencies.
Police Are Warning of Red Flag Law Abuse
As police officers, we see officials and the public abuse laws for personal gain or as political moves. This is why we oppose red flag laws. There is no due process with red flag laws. To be clear, if the judge issues the order, your guns can be seized and then you see a judge months later. We get that it is for the guise of public protection, but there are other means of accomplishing this and has due process. Many people may look at this specific case and say what is good for the goose is good for the gander (meaning if it can happen to the public, it should happen to the police too). That's not why we are bringing it up. This is an example of abuse that is so ridiculous that it should make people stand up and take notice.
In this case, a police officer was doing his job protecting the public and was left with no other choice but to shoot Jeremy Holmes. Now his mother is using the red flag law as a form of harassment. We hope that the district attorney charges her with perjury. However, we have seen many DA's recently not charge cases that should be.
Sheriff Refuses to Enforce Red Flag Law
Larimer County Sheriff Justin Smith said he will not file this red flag petition. Smith called Holmes' filing against CSU police Cpl. Philip Morris "a fraud" in a Wednesday morning Facebook post.
https://www.facebook.com/SheriffJustinSmith/posts/2704442882977537?__xts__%5B0%5D=68.ARAOD3FoRm_jHVGQRqUhN2kIG84eK0HvaTthdkFphid_0-rFp4dMqzRsQLy5fGRLdqay1OHCug0A9ohuYRcjpT4dfytumkyo0qiN-GBDeJgAuGHGx67kv78kxaaB02T_ci2NBFo-H_EluyuF-u0FkzQBhp6vI5p4ioCIOWAixgkJiEgboxsH1S4m0Zd9C3WbhogvcnLOKpZ0wJSSDbvW_EMsba_CcwZKi7RPaX624jf5z6jRzFw1prO0K8GuPr4ldk_Gu1Zjvd5xLwAuXm6tjtXH4J-wxDt9A_vtSYECExcUcXDpEzbg-_lvpY3-h4likLUX6iS50We0m6zVXOAb-HDYrw&__tn__=-R
Specifically, the Sheriff had these wise words to say:
That petition was delivered to my office for service. I have not and will not be serving that petition, not because it’s against a police officer, but because it is a fraud. We are actively investigating this abuse of the system and we will determine what charges may be substantiated against the petitioner, Ms. Holmes. Because this represents an active investigation, I will not be making any additional comments on this case at this time.
Sheriff Justin Smith
You May Be Next
As cops, we see people lie in court orders constantly. This is why we should oppose red flag laws. There is no due process for people like this CSU Police Officer. Will you be next?