Prowers County Moves to Sanctuary Status Regarding Proposed HB-1177

Capacity Courthouse for Hearing on Red Flag Bill

The Prowers County Commissioners unanimously approved an amended resolution, No. 2019-5 declaring Prowers County a Sanctuary County after hearing from over a dozen citizens regarding the Board’s support of the Constitution’s Second Amendment and recognizing the Board’s belief that Colorado HB-1177 is inconsistent with the right of law abiding citizens to keep and bear arms.

L to R: County Attorney Darla Scranton-Specht, Commissioners Ron Cook, Wendy Buxton-Andrade, Tom Grasmick

The courtroom on the third floor of the courthouse was at standing room only capacity on Monday, March 11^th, as various citizens throughout the county used the allotted public comment time to speak against the Colorado House bill being proposed to establish a temporary extreme risk protection order, which, if passed, would go into effect in 2020.  The general consensus from the audience was that the proposed bill was an infringement of the Second Amendment’s declaration of the right to bear arms and concern that this would create an eventual ‘slippery slope’ which would lead to future infringements on the Amendment or other areas of the Constitution.  No one in attendance spoke in favor of HB-1177.

The bill creates the ability for a family or household member or a law enforcement officer to petition the court for a temporary extreme risk protection order (ERPO) beginning January 1, 2020. Evidence must show that a person poses a significant risk to self or others by having a firearm in their custody or control or by possessing, purchasing, or receiving a firearm. The court holds a hearing on the day the petition is filed with a second hearing no later than 14 days after the temporary ERPO has been issued.  If the court is shown the order is valid, the firearms would be removed from the respondent and they would be prohibited from possessing, owning or purchasing new firearms for 364 days.

In its action the Board’s Resolution states that, “The Board declares Prowers County as a sanctuary county, and as such will not devote resources toward enforcement of HB-1177 in its current form, or as amended and adopted.”

In other action, the commissioners tabled approval of Prowers County Annex Building security police changes pending review of the language until next week and also tabled approval of an economic incentive and performance agreement between the County and Syracuse Dairy, LLC. The Board did approve a letter to Governor Jared Polis regarding their deep concern with his decision to commit Colorado’s electoral votes to a future winner of a national popular vote in which a presidential or vice-presidential candidate who might not win the most votes in the state.  The commissioners asked that Senate Bill 042 be set aside and allow it to go to a vote of the people in the November 2020 general election.

Monday’s meeting was moved up on the calendar to accommodate a special economic incentive seminar the commissioners will attend in Hugo, Colorado on March 12^th.  The next commissioner’s meeting is set for Tuesday, March 19.

By Russ Baldwin