Colorado is on the verge of passing a law that will allow officials to take guns away from people a judge deems dangerous.
Some law enforcement officials say that’s unconstitutional and they wouldn’t enforce it, even though it could land them in jail.
In December 2017, Douglas County Sheriff’s Deputy Zach Parrish was shot and killed by a man with an arsenal of weapons, who authorities said had a history of bizarre behavior including threats to police.
Since then, his former boss, Sheriff Tony Spurlock has been a vocal advocate of a new bill in the Colorado legislature that will allow a family member, a roommate, or law enforcement to petition a judge to seize the guns of a person deemed to be a threat to themselves or others.
Fourteen other states have passed similar so called “red flag” laws.
Alec Garnett is the top House Democrat in Colorado, where his party holds the governor’s office and majorities in both chambers.
Republicans don’t have enough votes to stand in the way, but the bill Garnett has co-sponsored has prompted plenty of push back from outside the capitol.
More than half of all Colorado counties officially oppose it. Many have declared themselves “sanctuary counties.”
Not for immigration but for guns, promising not to devote resources to enforce the law.
And despite its sheriff’s backing, even Douglas County passed a resolution opposing the bill.
"Why would you tell a law enforcement officer that you could not enforce the law because you didn't like it? That's craziness,” Spurlock said.
Weld County Sheriff Steve Reams said taking a person’s guns before they even have a chance to defend themselves in court is a violation of their rights.
"The bill violates the fourth, the fifth, the sixth to eighth, 14th amendment. Um, it, it's just a very poorly written bill,” he said.
He is also worried about potential danger in showing up unannounced to seize a weapon.
A gun owner was killed in Maryland last year when police tried to do just that.
Reams said he won’t enforce the bill if it becomes law but ignoring it would mean ignoring a court order from a judge.
Defiant sheriffs could be found in contempt which could mean being fined or put in jail until they comply.
"Well, obviously, no sheriff wants to be confined in their own jail, but, if that's what it takes to get to get this bill ironed out then I guess that's a sacrifice that, uh, that I'll be forced to make,” Reams said.
In a statement, Colorado’s attorney general said he is “confident that when and if the time comes, all law enforcement officials will follow the rule of law.”
The bill passed in the Colorado State Senate by just a single vote on Thursday. It now heads back to the House next week for a final vote before landing on the Governor's desk.