“A person suffering abuse needs to be able to count on an effective mechanism for enforcing the law that removes firearms from an abusive partner,” [bill sponsor Rep. Monica] Duran said of the legislation.
Rep. Matt Gray, another Democratic sponsor of the bill, said Colorado is a mandatory arrest state for domestic violence, meaning that when there is probable cause that domestic violence has occurred, the person has to be arrested and held in jail without bond until a judge issues a protection order. The suspect also must relinquish their firearms, he added.
The legislation is for people who don’t follow the protection orders and are still at a “very high likely rate” to commit acts of violence against their partner, Gray said.
Republican Rep. Terri Carver offered several amendments, saying she believed the bill created a “serious Fifth Amendment issue” because of the paperwork for identifying the location and type of firearms in someone’s possession.
Carver said the paperwork could be used as evidence to convict them in a criminal case, leading to self-incrimination, which the Fifth Amendment protects against. Carver’s amendments failed.
— Patty Nieberg in Colorado bill would mandate domestic abusers report firearms