Defending the Second Amendment While the Legislature Expands Government Seizure Power
This week at the Colorado General Assembly , I opposed the expansion of Colorado’s red flag firearm seizure authority because it represents another step away from the constitutional structure that protects the rights of every Coloradan. SB26-004 has now passed the legislature and is headed to Jared Polis . The bill expands who may petition courts to remove firearms from citizens who have not been convicted of a crime. It adds institutional actors such as certain health care facilities, behavioral health treatment facilities, K-12 schools, and colleges and universities. That change increases the number of pathways through which the state can suspend a constitutional right based on allegation rather than adjudication. That is not a technical adjustment. It is an erosion of due process protections. The Second Amendment exists to limit government authority. It does not exist to make firearm ownership conditional on whether institutions believe a citizen should retain that right. When t...