Does Colorado Have a Red Flag Law?
Woody's answers are based on published federal and state law. Not legal advice. Consult a licensed attorney for your specific situation.
Yes, Colorado has a red flag law called the Extreme Risk Protection Order (ERPO) law, enacted in 2019. It allows family members, law enforcement, and certain others to petition courts for temporary firearm removal orders.
What This Means for You
Colorado's ERPO law creates a legal mechanism for temporarily removing firearms from individuals who may pose a risk to themselves or others. For firearm owners and builders, this means understanding the petition process and your rights during proceedings. The law includes due process protections but can result in temporary loss of firearm possession rights.
The Detail
Colorado's Extreme Risk Protection Order law allows specific parties to petition a court for the temporary removal of firearms from someone they believe poses a significant risk. The parties who can file petitions include family members, household members, law enforcement officers, and certain other individuals with close relationships to the gun owner. The law does not allow just anyone to file these petitions.
The process involves two stages. First, a petitioner can request a temporary ERPO that lasts up to 14 days, which can be granted without the gun owner being present if there's sufficient evidence of risk. Second, a longer-term ERPO hearing must occur within those 14 days where the gun owner has the right to appear, present evidence, and contest the order. If granted, the extended order can last up to 364 days but can be renewed.
During an active ERPO, the subject must surrender all firearms and cannot purchase new firearms. Violating an ERPO is a criminal offense. The law includes provisions for the return of firearms once the order expires or is terminated by the court. Gun owners can also petition for early termination of the order.
The standard of evidence required is "preponderance of the evidence," meaning it's more likely than not that the person poses a risk. Courts consider factors like recent threats, substance abuse, access to firearms, and other risk indicators. You should verify the specific procedures and requirements with official Colorado state resources, as implementation details can vary by jurisdiction.
Build Impact
If you're building firearms in Colorado, an ERPO could temporarily halt your ability to possess or acquire components during the order period. Consider secure storage solutions and maintain good relationships with family members, as personal disputes can potentially lead to ERPO filings.