This is exactly what the NRA and other gun-rights advocates have warned us about when it comes to Reg Flag laws.
Colorado recently passed a new red-flag gun law and the fifth petition filed is complete fraud but despite this, a judge still heard the case. Luckily the county Sheriff did the right thing and protected the officer.
The petition was filed by Susan Holmes, who was the mother of 19-year-old Jeremy Holmes. Jeremy was unfortunately shot and killed by police in July of 2017 after he charged an officer with a knife. Both officers involved in the shooting were cleared.
Colorado’s new law lets family members, household members, or law enforcement officers file “extreme risk protection” order petitions against someone. Holmes petition falsely states that she and the police officer that shot her son Cpl. Philip Morris, have a child together. The two do not have a relationship.
The petition filed by Holmes states Morris is a “credible threat” to commit “unlawful or reckless use of a firearm.” She then wrote that Morris “used his firearm to recklessly and violently threaten and kill 19-year-old Jeremy Holmes.”
On Thursday a judge dismissed the petition against the officer.
Jeremy Holmes died in what investigators said was “suicide by cop.” As Morris and other officers came upon Jeremy he was armed with a knife. You can hear Morris asking Jeremy multiple times to drop the knife on the body camera footage. Despite his commands, Holmes continues to move forward. As Morris tries to holster his gun to use his taser Holmes rushes him and as a result, was shot by police multiple times killing him.
Colorado Republican House Minority Leader Patrick Neville correctly said, “We predicted this and said a falsely accused person has no recourse other than hoping a DA files charges,” Neville wrote on Twitter. “No recourse to recoup lost wages or reputation. One example of many about how this bill was so horribly written.”
We predicted this and said a falsely accused person has no recourse other than hoping a DA files charges. No recourse to recoup lost wages or reputation. One example of many about how this bill was so horribly written. #copolitics
— Rep. Patrick Neville (@PatrickForCO) January 15, 2020
The Larimer County Sheriff Justin Smith has refused to serve Morris the petition. In a statement on Facebook Sheriff Justin Smith said:
“It turns out that a Larimer County has become ground zero for Colorado’s Extreme Risk Protection Order (aka Red Flag) Law within days of its implementation. Within the first week of 2020, we have witnessed two cases in Larimer that demonstrate the two opposite extreme scenarios under this law. I find both of these incidents as classic examples of how this law both be used and abused… 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.”
Glad to see we have Sheriffs like Justin Smith who are slowing down the insanity of the left who wish to take our guns.