Colorado Gun Owner Appears Before House Judiciary Committee to Testify in Support of Legislation to Remove Guns from Dangerous People

 Coalition  of hunters,  sport  shooters, and collectors are supporting H.B. 1177, which establishes a process to obtain an extreme risk protection order 

 Extreme risk laws allow for the temporary removal of guns from people in crisis 

February 21, 2019 — Today, Mike Heyka, a member of Colorado Gun Owners for Safety, appeared before the Colorado House Judiciary Committee to urge passage of H.B. 1177, a bill that would establish a process to obtain extreme risk protection orders, which allow for firearms to be temporarily removed from people in crisis. Heyka, a gun owner for nearly 50 years, detailed his belief that there are commonsense solutions to solving our nation’s gun violence crisis like H.B. 1177 that do not interfere with our Second Amendment right to own firearms.

“Colorado gun owners are coming together and taking a stand to support stronger firearm laws because they understand responsible gun ownership is essential to saving lives from this crisis,” said Nico Bocour, state legislative director at Giffords. “Extreme risk laws give families and communities a chance to avoid catastrophic situations by removing guns from individuals who pose a danger to themselves or those around them. When nearly 100 people every day die from gun violence, these are the innovative solutions that will keep Colorado families safe. We applaud the Colorado Gun Owners for Safety for having the courage to stand up for this commonsense legislation, and we will fight with them to pass this legislation.”

A recent Giffords poll found that 79 percent of Colorado voters support a law that would allow a judge to temporarily remove guns from people who are determined to be a risk to themselves or a threat to others. This includes 77 percent of gun-owning households in the state.

At the hearing, Mike stated in his testimony : “I often hear the argument that any action to address our epidemic gun violence is ‘unconstitutional’ and goes against the rights of the 2nd Amendment. In the preamble to that same Constitution is the phrase ‘ensure domestic tranquility.’ Over the past 50 plus years, since the assassination of Robert Kennedy with a gun, more Americans have died from guns than have died in all the wars the United States has ever engaged in. We have lost far too American lives to wars abroad, and we have lost far too many American lives to gun violence here in our own country. The Constitution gives us rights and it gives us responsibility. They are not mutually exclusive.”

H.B. 1177 was introduced by Colorado House Majority Leader Alec Garnett and Representative Tom Sullivan, whose son was tragically killed in the Aurora, Colorado movie theater shooting in 2012, builds upon recent efforts to enact this law. Leader Garnett introduced similar legislation that passed the House in 2018 but the bill failed to gain support in the Senate.

Earlier this month, Giffords Law Center to Prevent Gun Violence released the latest edition of its  Annual Gun Law Scorecard , which grades and ranks each state on its gun laws, and found that Colorado received a “C.” While Colorado did not pass any significant gun safety legislation in 2018, gun safety advocates successfully defeated two dangerous gun lobby–backed bills, one to allow permitless carry and another to permit guns in K–12 schools. Passing laws like this extreme risk bill will help the state raise its grade above a C.

BACKGROUND ABOUT EXTREME RISK PROTECTION ORDERS

Extreme Risk Laws create a civil court order, issued by a judge upon consideration of evidence provided by a family member or law enforcement officer, that temporarily prohibits a person in crisis from possessing or purchasing firearms. A common thread in many shootings is that family members of the shooters had noticed their loved ones engaging in dangerous behaviors and were concerned about their risk of harming themselves or others – even before any violence occurred.

• Extreme Risk Laws create a mechanism for families and law enforcement to temporarily prevent access to guns by individuals who pose an elevated risk of endangering themselves or others. These laws can save lives while ensuring critical legal protections for respondents, just as they have in states that have already taken this responsible step.
• Extreme Risk Laws are based on the long-standing domestic violence protection orders (in place in all 50 states) and involve both a court hearing and clearly defined due process protections. Qualifying petitioners would be able to petition a civil court for an order based on evidence they present at a hearing before a judge.
• Extreme Risk Laws give individuals an opportunity to present evidence to show they are not a danger to themselves or others. If a court issues an order, respondents would still be able to petition for early termination of the order and are eligible to have their firearms returned upon expiration of the order.
• States with Extreme Risk Laws have seen positive results and are saving lives. California enacted this life-saving law in 2014, and Washington voters overwhelmingly passed it in November 2016. Connecticut and Indiana have long-standing Extreme Risk Laws that allow law enforcement officers to intervene when people are in crisis and have easy access to guns. In the first 14 years of the implementation of Connecticut’s law, researchers estimated that by temporarily removing weapons from 762 at-risk individuals, Connecticut’s law had saved up to 100 lives from suicide alone. In addition, nearly  one third  of respondents received critical mental health and substance abuse treatment as a result of the intervention. A total of 13 states now have Extreme Risk Laws in place.
• Extreme Risk Laws are a particularly important tool to help prevent suicides. Those in a suicidal crisis are much more likely to survive if they do not have easy access to firearms for the duration of the crisis. Research shows that people are more likely to die by suicide if they have easy access to firearms. Eighty-five percent of suicide attempts involving firearms are fatal. Nine out of 10 people who survive a suicide attempt do not die by suicide at a later date. These facts demonstrate that Extreme Risk Laws, which can prevent suicidal individuals from accessing guns during a crisis, will likely save lives.

BACKGROUND ABOUT COLORADO GUN OWNERS FOR SAFETY:

Colorado Gun Owners for Safety launched earlier this year after Former Congresswoman Gabrielle Giffords and Capt. Mark Kelly, co-founders of Giffords, attended a roundtable in the state where gun owners shared their personal stories about getting involved and why they believe in the Second Amendment and stronger gun laws. The group formed after Colorado gun owners decided to take action because of their concern over the gun violence crisis. Earlier this year the Centers for Disease Control and Prevention (CDC) found that in 2017 the number of people dying from gun violence rose for the third year in a row. Overall, 39,773 Americans died in 2017 from gunshots, meaning that nearly 109 people were killed by firearms each day.

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