Judge denies red flag petition requesting seizure of Colo. officer's guns
Larimer County Sheriff Justin Smith, who previously said he would not serve notice about the petition, said he was 'pleased' with the ruling
In October 2019, PoliceOne columnists Dick Fairburn and Mike Wood wrote about how cops and citizens could become victims of red flag laws if due process and other fundamental liberties are violated. Read that op-ed here.
FORT COLLINS, Colo. — A judge on Thursday denied a petition to seize the guns of a police officer involved in the 2017 fatal shooting of a 19-year-old which was sought by the teen's mother under Colorado's new red flag law.
In her Jan. 9 petition for an extreme risk protection order, Susan Holmes said there was a credible risk of unlawful or reckless use of a firearm by Colorado State University police Officer Phillip Morris because he threatened and killed her son, Jeremy Holmes, and because she said he has shown ongoing violence and aggression.
The law, which took effect Jan. 1, is similar to those adopted in over a dozen other states and intended to allow family members or law enforcement to seek a court order to confiscate the weapons of people they believe could harm themselves or others.
In the section of the form where Holmes was asked to describe her family or household relationship with Morris, she checked the box for having a child in common with him — a possible reference to her son. On Wednesday, she told The Associated Press the law could be interpreted in different ways.
Morris does not share a child with Holmes, said Dell Rae Ciaravola, a spokeswoman for Colorado State's police department.
After the hearing, Holmes said she wanted to keep her arguments private because she is considering an appeal, the Coloradoan reported.
Morris' actions in the shooting were investigated and deemed justified by the district attorney, who noted that Morris tried to de-escalate the situation.
In posts on Facebook, Larimer County Sheriff Justin Smith called Holmes' petition, signed under oath and penalty of perjury, a fraud and said his staff told the court that they had not served notice to Morris about the petition.
After the denial, Smith said he was “very pleased with the ruling.”