Colorado's 2nd Red Flag Case dismissed.

Colorado's 2nd Red Flag Case dismissed.

This is a discussion on Colorado's 2nd Red Flag Case dismissed. within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; I've trying to keep up on the red flag filings and saw this news item today. https://denver.cbslocal.com/2020/01/...b9H83W-g0exacE...

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Thread: Colorado's 2nd Red Flag Case dismissed.

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    Member Array Terry 2.0's Avatar
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    Colorado's 2nd Red Flag Case dismissed.

    I've trying to keep up on the red flag filings and saw this news item today.

    https://denver.cbslocal.com/2020/01/...b9H83W-g0exacE
    airslot, baren, msgt/ret and 2 others like this.
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    The Judge’s order explaining the denial of the woman’s Red Flag request was not made public at the time of CBS4’s request.
    It would be interesting to see what the judge’s reasoning was and if that may be used as a defense against other red flag filings.
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    VIP Member Array maxwell97's Avatar
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    If it's a he-said/she-said thing, as it seems to be, it was probably the right call.
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    VIP Member Array airslot's Avatar
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    It would be interesting to see what the judge’s reasoning was and if that may be used as a defense against other red flag filings.
    This may be one reason for the denial.



    Lincoln County, where Limon is located, is one of the many counties that has indicated it would
    not honor the Red Flag law.
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    Member Array Terry 2.0's Avatar
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    The documents at some point should become public record...we'll see.
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    VIP Member Array wmhawth's Avatar
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    It looks a whole lot like the judge saw an angry woman in a spat with her boyfriend getting back at him by throwing up the red flag. Now who on earth could have possibly envisioned that happening?
    Hawthorne

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    Distinguished Member Array Novarider's Avatar
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    Quote Originally Posted by wmhawth View Post
    It looks a whole lot like the judge saw an angry woman in a spat with her boyfriend getting back at him by throwing up the red flag. Now who on earth could have possibly envisioned that happening?
    Certainly nobody here!
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    VIP Member Array maxwell97's Avatar
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    Quote Originally Posted by wmhawth View Post
    It looks a whole lot like the judge saw an angry woman in a spat with her boyfriend getting back at him by throwing up the red flag. Now who on earth could have possibly envisioned that happening?
    One potential downside here is that those who support red-flag laws can point to this and say "see, it can't be abused like that." And it did seem to work in this case, but I still think it gives too much leeway in terms of burden of proof.
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    Member Array Henry9008's Avatar
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    Quote Originally Posted by maxwell97 View Post

    One potential downside here is that those who support red-flag laws can point to this and say "see, it can't be abused like that." And it did seem to work in this case, but I still think it gives too much leeway in terms of burden of proof.
    There is no such thing as "can't be abused" when it is up to judicial discretion.

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    Member Array oldIthink's Avatar
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    The more denials, the better the precedent for defending attorney's.

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    Distinguished Member Array Novarider's Avatar
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    Quote Originally Posted by oldIthink View Post
    The more denials, the better the precedent for defending attorney's.
    Except an attorney isn't present when a judge decides to issue one or not.

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    Distinguished Member Array KILTED COWBOY's Avatar
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    The state will just get better at judge shopping.
    They will figure out which judges will use the law fairly and they will stay away from those judges.

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    Senior Member Array muzzleblast's Avatar
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    Quote Originally Posted by wmhawth View Post
    It looks a whole lot like the judge saw an angry woman in a spat with her boyfriend getting back at him by throwing up the red flag. Now who on earth could have possibly envisioned that happening?
    Yes. BTDT. And, she probably had a supportive network of sympathetic Facebook "friends."
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    Quote Originally Posted by KILTED COWBOY View Post
    The state will just get better at judge shopping.
    They will figure out which judges will use the law fairly and they will stay away from those judges.
    It sucks not being able to trust the judicial system.
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    Member Array OttoLoader's Avatar
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    The thread title is misleading.
    The red flag request was denied. There was no case to be dismissed. No guns were taken

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