AURORA | After debating the merits of a proposed extreme risk protection order law — also called “red flag” legislation — Aurora City Council members followed the police department’s recommendation and yielded their support to HB19-1177.
Aurora Police Department leaders called for an active support position on the bill — which creates procedures for allowing law enforcement to take a person’s guns if they are found to pose a significant risk for causing harm to others or themselves. The department’s support highlighted the potential law as a tool for law enforcement to reduce gun violence.
“Law enforcement has, on occasion, removed firearms from residents after a specific incident, but we have had very little reason not to return those firearms when demanded by the owner,” said APD Deputy Chief Paul O’Keefe in a statement to the council members.
O’Keefe also stressed how the the bill becoming law could make an impact on gun violence and suicide deaths in Colorado.
“Mass shootings by offenders in some stage of mental crisis are certainly one reason to pursue such legislation,” he said. “Perhaps more to the point, nationally, in 2016, there were 44,965 suicides; approximately 50 percent of those were committed with a firearm. In Colorado, there were 1,168 suicides in 2016. Being able to reduce those numbers by removing the tool most used in almost half of the incidents can go a long way toward saving lives and encouraging people to get the help they need.”
The position is a reversal of what police recently said is Aurora Police policy toward legislation and political controversy. In a Dec. 1, 2018 Sentinel Colorado story about red-flag bills in Colorado, police officials said they would not take a position on such measures.
“It’s not the position of the Aurora Police Department to take sides on any sort of political issue,” Officer Bill Hummel, spokesman for the Aurora Police Department, said in an interview earlier this fall. “It’s our job to uphold and enforce local and state laws, and we would adhere to that. When it comes to gun issues, typically we offer general safety information to our community. We want people to be responsible gun owners.”
Police did not say Monday night why they chose to weigh in on the current red-flag measure.
The issue has energized gun-rights groups in Colorado, saying the measure, similar to those in a handful of states, is government overreach. The chief complaint is one of when those accused of being dangerous would defend themselves. The measure as written allows for police or family members to ask a court to allow police to confiscate weapons, requiring the accused to prove to a court he or she is not a danger. Critics say the bill should allow anyone accused of being dangerous to defend themselves before weapons are confiscated. Police say such a system would be unworkable because it would allow suspects to hide their weapons or incite an unstable person to commit the violence the measure is trying to prevent.
The city council members who favored formally supporting the legislation were: Allison Hiltz, Charlie Richardson, Angela Lawson, Nicole Johnston, Crystal Murillo and Johnny Watson.
“We’re a city that should take a position on this,” Johnston told fellow council members, referencing the 2012 Aurora theater shooting, which took place about a mile from city hall.
Council member Dave Gruber expressed concerns over protections for gun owners, saying he doesn’t feel they are yet “fully defined,” but said he supports the concept of the bill. Council member Francoise Bergan suggested the council wait to take a stance on the bill until it is further along in the legislative process.
Mayor Bob LeGare said the defunct support from Arapahoe County District Attorney George Brauchler this year is why he didn’t support the police department’s recommendation.
Brauchler was a notable supporter of the bill last year, but dropped his support this year with criticisms regarding due process.
Centennial state Rep. Tom Sullivan, who’s son Alex died in the theater shooting, is the bill’s primary sponsor.
“Watching your child’s body drop into the ground is as bad as it gets,” he said during a speech announcing the bill earlier this month. “And I’m going to do everything I can to make sure that none of you have to do that.”
Council rules allow for support of state legislation with approval from a simple majority of councilors. Supporting a state referendum requires unanimous support from the council.
