The Castle Rock City Council gets an A grade this week for being just and judicious while the Boulder City Council failed the test. It抖阴ap not too late to bring up that grade though.
On Tuesday, Castle Rock ended its 25 year ban on owning pit bull dogs. 聽The old ordinance was fundamentally flawed. 聽It penalized dogs for being a certain breed rather than the dog鈥檚 behavior. Determining whether a dog was or was not a pit bull was problematic because other breeds can resemble pit bull terriers. Also, according to , pit bulls were involved in comparatively fewer dog bite incidents in the Castle Rock area than other breeds and none of the severe bites were attributed to them. Labradors and German shepherds topped the list of biters.
The new ordinance will require dangerous dogs be removed from the city or euthanized. The Castle Rock City Council is to be commended for targeting irresponsible dog owners with dangerous dogs rather than responsible dog owners with dogs that merely look dangerous to some people. Other municipalities should follow Castle Rock鈥檚 lead.
That same Tuesday night, the Boulder City Council voted to ban the sale and possession of assault weapons. If the proposal passes the third and final reading, Boulderites who bought such firearms before the passage of the new ordinance will have to get a certificate from the city.聽 New purchases will be forbidden.
This proposed ordinance is fundamentally flawed. It penalizes firearms rather than the behavior of聽gun owners. Since violent individuals are unlikely to voluntarily certify or give up banned guns and will buy new ones outside the city, the ordinance essentially targets only responsible gun owners.聽 The definition of assault weapon is also problematic. The proposal describes assault weapons as semi-automatic rifles and pistols that have certain types of grips, stocks, and magazines. The broad definition covers firearms that resemble military weapons (although they lack the automatic firing capacity of such weapons) as well as common firearms used for recreation and self-defense.
In reality, a little Derringer 22 single shot pistol used to threaten, maim, or kill is an assault weapon. An AR-15 used to target practice is not. Also, according to research, assault weapons are involved in very few crimes. Ordinary handguns top the list of murder weapons.
The Boulder City Council鈥檚 proposal primarily targets law abiding gun owners with so-called assault weapons rather than potentially dangerous gun owners who may use any gun to assault others. It抖阴ap not too late to table the ordinance. There are other ways to make the community safer.
As with potentially dangerous dogs, there are often indications that a person is going to hurt someone. Whether from mental illness or seething hatred, these people show signs that they are considering committing homicide or suicide. They should not have guns of any kind until they are no longer at risk of misusing them.
As with other rights, the right to bear arms can be suspended with due process for legitimate reasons. An Extreme Risk Protection Order (ERPO) law would enable a court at the request of law enforcement or a close family member to temporarily remove a person鈥檚 firearms if a judge determines the person is a danger to himself or others.
The CO House of Representatives has introduced an ERPO bill. It should be commended for doing so. The two chambers should work together in the remaining days of the legislative session to pass an ERPO bill with strong due process protections. 聽A law that targets dangerous people rather than the breed of firearm would make the grade.
Krista Kafer is a weekly Denver Post columnist. Follow her on Twitter: @kristakafer
