A pro-gun group in Colorado has filed a lawsuit to try and halt a controversial “red flag” gun bill that was passed into law last month.
Gov. Jared Polis signed House Bill 1177 into law on April 12. The law allows a judge to issue a temporary extreme risk protection order (ERPO) if a person is thought to be a threat by family members or law enforcement.
The Rocky Mountain Gun Owners lawsuit alleges House Democrats violated the Colorado Constitution by not allowing the bill to be read at length on the House floor when the legislation was being debated.
House rules require the bill be read at length when requested, and the state constitution says “Every bill shall be read by title when introduced, and at length on two different days in each house; provided, however, any reading at length may be dispensed with upon unanimous consent of the members present.”
Representatives Lori Saine, R-Firestone, and Dave Williams, R-Colorado Springs, both separately requested the bill be read at length, according to the lawsuit. Saine and Williams, along with House Minority Leader Patrick Neville, R-Castle Rock, are all listed as plaintiffs in the lawsuit along with RMGO.
The lawsuit, submitted to the Denver District Court, seeks to “void the passage and enactment of the bill as illegal.” The lawsuit lists Polis as the only defendant.
“We will prove in court that House Democrats refused to respect the Colorado Constitution when they refused to read HB19-1177 at length,” RMGO Executive Director Dudley Brown said in a statement. “Their disregard for the legislative process is as concerning as their blatant disregard for due process and the Constitution.”
The group also has a lawsuit challenging the state’s magazine ban that will be heard by the Colorado Supreme Court.
RMGO is also mounting a recall effort of legislators who supported the bill.