Sheriff Willing to Go to JAIL Over Red Flag Gun Law: “It’s a Matter of Doing What’s Right”

by | Apr 2, 2019 | Headline News | 34 comments

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    This article was originally published by Dagny Taggart at The Organic Prepper

    A Colorado sheriff has stated that he opposes a proposed new gun control law so much that he is willing to go to jail rather than enforce it.

    Weld County Sheriff Steve Reams told CNN that “It’s a matter of doing what’s right.”

    Here’s a bit of background on the bill Reams is referring to. It is likely to become law this week.

    The law Reams says he will not enforce is a red flag gun confiscation law.

    House Bill 19-1177, also known as a red flag bill or the Extreme Risk Protection Orders bill, passed the Colorado Senate 18-17 on Thursday and is scheduled Monday for the House floor. With Democratic majorities in both chambers, state Republicans have too few votes to stop the bill.

    Last month, we reported that legislators and sheriffs in the state have been pushing back against the bill:

    Officially called Extreme Risk Protection Orders (ERPO), “red flag” laws permit police, healthcare providers, 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.

    Weld County recently joined the growing list of counties in Colorado that have passed Second Amendment Sanctuary resolutions in response to the impending red flag law.

    For a full analysis and critique of this bill, give this a read: Kopel and Greenlee: Plenty of red flags in Colorado’s ‘extreme risk’ protection order bill. (source)

    We also reported that Reams (among others) is in opposition to the bill:

    Commissioner Barbara Kirkmeyer, one of HB 19-1177’s harshest critics, said “The severity of this bill cannot be overstated. The name of this bill is the Extreme Risk Protection Orders. I think that’s a façade, and I think it’s fraudulent. I think actually, this bill should have been titled: ‘The Extreme Order to Confiscate Your Firearms, Eliminate Due Process, and Violate your Constitutional Rights Bill.”

    Weld County Sheriff Steve Reams agrees:

    “The bill is so riddled with constitutional problems that it makes it hard to understand how professional lawmakers could have constructed something so terrible,” Reams said, adding the bill, “raises some serious concerns about due process, in that a person can have their guns taken away and their rights violated, all without ever having a chance to appear in an initial court hearing and cross examine accusers and witnesses in person. In legal terms, this is an exparte hearing.” (source)

    Reams added that one of the biggest problems with the law is it does not address actual mental health issues – it only allows for guns to be taken away, leaving the person in the same position and without medical help. (source)

    Sheriffs could find themselves locked inside of their own jails for refusing to enforce gun control laws.

    Failure to enforce a court order to seize a person’s guns could mean sheriffs being found in contempt. A judge could fine them indefinitely, or even send them to jail to force them to comply.

    Reams told CNN it’s a sacrifice he’d be forced to make.

    He isn’t the only sheriff to voice opposition to red flag laws. A growing number of states, counties, cities, and towns are declaring themselves “Second Amendment Sanctuaries” and are refusing to enforce gun-control laws that infringe on the Constitutional right to keep and bear arms.

    David Kopel, a constitutional law expert who has written extensively about gun policy in the United States, says he thinks the bill is generally a good idea but that he has serious reservations about how it is written, reports CNN:

    “The gun ban lobbies are getting more and more extreme and aggressive,” he said.

    The bill allows a judge to order a person’s guns to be seized before the person has a chance to appear in court. The bill does require a second hearing with the gun owner present to be held within 14 days, where the owner could make a case to keep the weapons — but if the owner is unsuccessful, a judge could order the guns seized for as long as a year.

    Kopel said it would be difficult to prevent a nightmare scenario in which someone misuses the law to take guns away from a person they intend to target violently.

    The burden of proof is low — “preponderance of the evidence,” which is the same standard used in civil cases, and a much lower bar than the criminal standard, “beyond a reasonable doubt.” (source)

    Reams added that he is concerned about the potential to aggravate an already volatile person by taking their weapons:

    “Going in and taking their guns and leaving the scene, I can’t see how that makes them less of a risk. It just takes one tool away,” said Reams, arguing that a person bent on hurting someone could do it with a knife or a car. (source)

    He makes a great point. Last October, Maryland’s red flag law went into effect. Less than a month later, the law claimed its first victim. Gary J. Willis was killed by police when they showed up at his home at 5 am to serve him with a court order requiring that he surrender his guns.

    Reams is not the only sheriff who is publicly voiced his intent to not enforce unconstitutional gun control laws.

    Back in February, a group of sheriffs from New Mexico did the same:

    Of the 33 sheriffs in the state, 29 have voiced disapproval of the package of anti-gun legislation by issuing a declaration through the state sheriffs’ association, stating that the “rush to react to the violence by proposing controls on guns is ill-conceived and is truly a distraction to the real problems proliferating violence in our counties and our state.” (source)

    And, earlier this year, some sheriffs in Washington state publicly vowed not to enforce new unconstitutional gun laws.

    In a statement, Colorado Attorney General Phil Weiser said he is “confident that when and if the time comes, all law enforcement officials will follow the rule of law.”

    But Reams said he is serious: “I’ve explained that time and time again,” he said. “I’m not bluffing.”

    What do you think about sheriffs refusing to enforce gun control laws?

    Do you believe Reams – and other sheriffs – are truly willing to go to jail over this?

    About the Author

    Dagny Taggart is the pseudonym of an experienced journalist who needs to maintain anonymity to keep her job in the public eye. Dagny is non-partisan and aims to expose the half-truths, misrepresentations, and blatant lies of the MSM.


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    Please feel free to share any information from this article in part or in full, giving credit to the author and including a link to The Organic Prepper and the following bio.

    Daisy is a coffee-swigging, gun-toting, homeschooling blogger who writes about current events, preparedness, frugality, and the pursuit of liberty on her websites, The Organic Prepper and DaisyLuther.com She is the author of 4 books and the co-founder of Preppers University, where she teaches intensive preparedness courses in a live online classroom setting. You can follow her on Facebook, Pinterest, and Twitter,.

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      34 Comments

      1. I admire their resolve to do what the constitution states. If I were outed by somebody who held a grudge against me, it be best that they didn’t show up on my place.

        • Well, at least there are some cops out there with some sense. I’ll give them credit for that. Anyone who comes to my place for any evil purpose will just get hot lead.

        • Any judge legislator or cop that tries to enforce this B/S should have a bounty placed on their heads, dead or alive!!!
          Ask King George what happens to tyrants who try this shit
          THEY GET SHOT …..WELL AND OFTEN!!!!!

          • Or consider moving to one of these states (not you calicommies). From the daily sheeple…

            The following 16 states allow for “Constitutional Carry” also known as “Permitless Carry”: Alaska, Arizona, Arkansas, Idaho (residents only), Kansas, Kentucky (effective June 26, 2019), Maine, Mississippi, Missouri, New Hampshire, North Dakota (residents only; concealed carry only), Oklahoma (effective Nov. 1, 2019), South Dakota (effective July 1, 2019), Vermont, West Virginia and Wyoming (residents only) do not require a permit to carry a loaded concealed firearm for any person of age who is not prohibited from owning a firearm. Permitless carry in Idaho, North Dakota and Wyoming is applicable to residents only; non-residents must have a permit to carry a concealed handgun in these states. All aforementioned jurisdictions do not require a permit to openly carry either except for North Dakota and certain localities in Missouri.

      2. God bless this man!

        In other news, was informed of targeted phishing and other hacking attempts on US oil industry networks this morning by a reputable federal source, including technical indicators of the attack. I just *now* received a highly unusual “administrative recall” of this information and was instructed to delete/destroy all versions of the intel note.

        take it for what its worth.

        • NEC,

          I am completely ignorant of the implications of a cyber attack on our Oil industry ‘Networks” Electric Grid I get –
          Are you talking about major Oil pipe lines to disrupt oil distribution?

          • In a nutshell, pretty much every business runs a computer or telecom network of some sort. The oil and gas industry in general likely has thousands of private networks and subnets, and within each company at least, they are interconnected in some way. By compromising the email network (for example) you could then launch internal attacks against other vulnerable networks eventually reaching the your goal. that goal may be theft of money or goods, disruption of supplies, exposing customer or sales data in an effort to hurt the company or begin blackmail. Depending on the attacker, prime goals would be access to large scale financial data, implanting backdoors and malware to insure future access and selling that network, or compromising the machine level industrial controls which would allow an attacker to shut down or damage systems. This would have the potential impact from damaging the economy badly to shutting down oil and gas production/distribution, electricity co generation, or destruction of property and death/injury.

            • heres a company that builds SCADA networks for this sort of industry. what if you had control of their product.?
              ht tps://ww w.reverecontrol.com/industries/energy/#oilandgas

              • ht tps://arstechnica.com/information-technology/2019/04/mysterious-safety-tampering-malware-infects-a-2nd-critical-infrastructure-site/

                and there ya go, prime example.

      3. Thank you Sheriff for your principle and honor
        What a contrast with the Florida sheriff but then again he is in liberal lunacy country

      4. Folks are going to have to make some hard choices on where they stand in the future.

        • Fritz
          Its not a hard choice for people who love America
          I anm 100% behind our President and the USA constitution.
          I am prepared to lay down my old decrepit body to defend her

          The liberal socialist Globalist are poking a well armed patriot base

          Nuf said

        • Fritz, I made my hard choices when I saw Mt. Carmel burning on TV courtesy of the FBI. Innocent people died there and all the survivors were jailed on trumped-up charges for decades.

          • DR and j-man
            Thanks. I already know where friends here stand. The opposition is emboldened now and beginning to show themselves in the open for what they really are.

          • waco was a defining moment in my young adult life.

      5. Judged by twelve is better than being carried by six.

        If the sheriff turns in his badge and walks away, he could not be found guilty of contempt. Ultimately, loss of wages and benefits will be used to keep sheriffs in line. But loss of gun rights is not the end game. Research what happened in Russia when the Bolshevik was in power. Nuns were raped. Wives were obligated to have sex with whatever Bolshevik wanted them. Husband had no power to protect his wife from being violated. Tens of millions died at the hands of the Bolshevik. Never give up your access to self defense. Government can be corrupt, it can be infiltrated by foreigners who hate you, and the Russian Revolution was just that, an infiltration by a hostile foreign enemy. It can happen here. Perhaps the Sheriff could be a good private security person. Less money, more better.

        .

        • The meaning of “red flag” is Communism and/or Socialism. A red flag denotes DANGER and means STOP. These REDS are laughing in our face. They are “throwing up a flag”, making a declaration of war. They hope you’ll let them have what they want without a whimper because you are addicted to materialism, and paralyzed by fear; fear of loss, fear of offending, fear of fear itself.

          .

        • It IS happening here. B.O. schemed with his Muslim Brotherhood buddies to import an army of invaders. One such person married her brother, committing immigration fraud, just to slip into the USA. She’s now in Congress, and still meeting with every jihadist group she can find. And in case she claims it’s all just politics, she’s funneling tax dollars to terrorists while they launder that money and give it back to her as campaign donations. The fact that she’s been cited for misuse of campaign funds is just the tip of her jihadi iceberg.

      6. I, as a former CO resident that left due to the Kalifornication of the state, know some current and former sheriffs that are standing up to this unconstitutional law. Any judge that holds one of these sheriffs in contempt should be removed from the bench, disbarred and jailed for enforcing an unconstitutional law.

      7. I’ve been reading and hearing a lot about this guy. What a Patriot.

        Anyone that orders him arrested for not enforcing these Unconstitutional laws should be arrest themselves and placed in jail.

        If they start arresting LEO’s for not enforcing this the LEO’s should all get the BLUE FLU!

        Thank God I live in a Gun sanctuary county in Illinois.
        Sgt.

      8. These idiot legislators are authorizing a repeal of constitutional rights (The key word here being “rights”). What’s next with these anti-American leftwing jackasses? Will some future legislature pass a law prohibiting us from bad mouthing of our elected officials because it creates an atmosphere of hostility that could result in violence? Or maybe these ass-hats will authorize an injunction against our 5th amendment rights against self incrimination because it results in too much court congestion with people claiming they are not guilty. Everyone that voted “yes” on this law needs to be removed from office.

      9. This is an American problem. Big cities trying to rule over what is essentially cultures alien to them. For example in my state I have virtually nothing in common with the people in the States largest town Honolulu(we don’t have cities as a legal entity). This town dictates the laws to the rest of the state because the town has most of the population of the state.
        They waste Billions on a train I cannot use, but I have to help pay for it. They have a crime problem so pass “feel good” laws against guns, but they don’t hunt, or have 20 minute 911 response times.
        At the federal level that is why we have the electoral college, to protect the minority, rural people from the Tyrants in the big cities. At the state level we only have sheriffs, if your state has elected sheriffs( my state doesn’t) to protect our rights from Big city tyrants.

      10. I believe the Attorney General until proven wrong.

        Why? Most LEO ==> paycheck ==> paycheck ==> paycheck ==> pension. Not gonna jeopardize it.

        • Most Sheriffs receive their salary from the County, not the state. the real question is who would arrest a sheriff in his own county? No one legally could without risking arrest themselves..

          • most LEO’s maybe.

            the Sherrif is Public Election==> paycheck ==> reelection by his constituents ==>paycheck ==> not doing what we want? ==> unemployment

      11. Good on him…he was elected, he has the ability to arrest anyone,even a president or congress person. Only way to fire them is through the ballot box.

      12. there should be enough armed local patriots to prevent the sheriff from being arrested.

      13. He might need a go-fund-me account..
        I’d contribute.

      14. In other news…..out in West Virginia a mom pulled a gun on some creep trying to kidnap her daughter in a mall. Guy took off but was later found and arrested for attempted kidnapping.Turns out to be an Arab visiting from Egypt.

      15. Problem with red fag laws is if the police don’t intervene to save some women from her ex the families will complain to the state why they didn’t do anything. The guy that loses his guns is pissed off but a life was saved cus of it. Despite what anyone says red flag will save lives. It just sucks that the corrupt gov is gonna use it to take guns and then make it very hard to get them back through due process. Probably people will have to get court ordered psyc evaluations by pro gun control doctors. I’ve always said they will basically make it so fucking difficult get or keep guns and ammo that most folks will say I really dont need a gun that bad to go through all this bullshit. The few remaining people who have guns will be easier to manage. When gun manufacturers get sued for murders that their guns were used then it will be all over. The number one way to keep guns away from people is make them expensive. The gov could add an assault weapon tax of $1500 on top of the price so that $500 ak47 is now $2000. This would effectively price the poor out of getting their hands on them. Drug dealers will still have them and rich people. They can attach a fee to every box of ammo. Like add $60 to a $40 box and say the fee is for victims of gun crimes. They could even make you have to pay for insurance to own a gun. It could be through homeowners insurance or your town which would be like a registry. You already have to tell your homeowners insurance about your dogs breed.

      16. Welcome to Anarchy. Enforce the fucking law or legally change it!!

        Today no elected official, law enforcement person or judge is willing to enforce any law that they don’t agree with politically.

        Mob rule democracy. Wage earners get ass raped by the un-working entitlement mobs.

        Can I have my fucking republic back, where if you don’t work you don’t eat.

        • Now go and forcefully remove the 40 million illegal aliens. Enforce the fucking law

      17. Why are we trying to save a system clearly designed to reduce us to absolute Despotism and saving land masses full of Commies? We need a divorce.

        • Amen. I’ve been saying that for years now, Secession is the only way.

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