A bill expanding Colorado’s red flag law to allow more institutions to petition for temporary firearm restrictions was signed earlier this month by Gov. Jared Polis.
Senate Bill 26-004, signed April 6, broadens who can file a red flag petition. It extends beyond family members, roommates, health care practitioners or police and now includes behavioral health providers, hospitals, school districts and higher education institutions.
Red flag laws, or Extreme Risk Protection Orders, require a person to surrender firearms and any concealed-carry permit because of a court order. These orders apply when a judge determines that a person poses a risk of harming themselves or others by accessing a gun.
Proponents argue the restriction can prevent gun suicides, and some state-level studies suggest it has helped prevent mass shootings.
“Adding health care and education facilities to the list of qualified petitioners for an ERPO helps ensure that trusted community members are able to reach those who are a danger to themselves or others sooner and stop more violence before it occurs,” said state Sen. Tom Sullivan, D-Centennial.
Sullivan was the bill’s main sponsor, alongside Sen. Julie Gonzales, D-Denver; and Reps. Meg Froelich, D-Englewood; and Jenny Willford, D-Northglenn.
Others say the law targets people with mental illness, limits rights and raises concerns about misuse, such as unreliable reporting. A hearing this year on the initial proposal in the Senate State, Veterans and Military Affairs Committee saw hours-long emotional testimony from groups arguing both sides.
The law is rarely used locally, with just three cases filed since 2020, according to records kept at the Injury and Violence Prevention Center. Montezuma County Sheriff Steve Nowlin said his office has encountered the law infrequently, handling one case in recent years that he said proved to be a false report.
The update does not change the requirement for a court review process, nor does it change the legal standard judges use when determining whether to issue a temporary order.
Under the court process, a judge can issue a temporary order when the evidence is clear and convincing, requiring firearms to be surrendered immediately without notice. A full hearing is scheduled within 14 days. During the hearing, both sides can present evidence before a judge decides whether to impose a longer-term restriction, typically up to a year.
Factors considered include recent threats or acts of violence toward self or others, reckless firearm use, violations of civil protection orders or ERPOs, threats of self-harm, a dangerous mental health crisis or alcohol and substance abuse.
When first signed into law in 2019 by Polis, red flag petitions were limited to family members and law enforcement. Updates a few years later extended petitioners to include district attorneys, some educators and certain mental health and medical practitioners, such as nurses, physicians, social workers and counselors.
The state has averaged about 140 orders granted per year since 2020. About 80% of petitions from law enforcement officers meet the burden of proof and are granted, while outcomes for non-law enforcement petitioners are about 50%.
Between 2020 and 2024, about 45% of filed petitions cited threats of harm against others, 30% cited threats against both self and others, and 24% cited threats against self.
awatson@the-journal.com
