News Flash

Arapahoe County News

Posted on: January 8, 2020

Colorado’s “Red Flag” Law

Red flag

On January 1, 2020, the state’s Extreme Risk Protection Order (ERPO) took effect and became law. The Colorado General Assembly passed the measure during the 2019 legislative session. It provides the ability for a family, household member or law enforcement officer to petition the court for a temporary extreme risk protection order regarding the possession of firearms. According to the text of HB19-1177:

The petitioner must establish by a preponderance of the evidence that a person poses a significant risk to self or others by having a firearm in his or her custody or control or by possessing, purchasing, or receiving a firearm. The petitioner must submit an affidavit signed under oath and penalty of perjury that sets forth facts to support the issuance of a temporary ERPO and a reasonable basis for believing they exist. The court must hold a temporary ERPO hearing in person or by telephone on the day the petition is filed or on the court day immediately following the day the petition is filed.

After issuance of a temporary ERPO, the court must schedule a second hearing no later than 14 days following the issuance to determine whether the issuance of a continuing ERPO is warranted. The court shall appoint counsel to represent the respondent at the hearing. If a family or household member or a law enforcement officer establishes by clear and convincing evidence that a person poses a significant risk to self or others by having a firearm in his or her custody or control or by possessing, purchasing, or receiving a firearm, the court may issue a continuing ERPO. The ERPO prohibits the respondent from possessing, controlling, purchasing, or receiving a firearm for 364 days.

The Arapahoe County Sheriff’s Office (ACSO) is aware of public concerns around the law and will enforce all ERPOs according to its new policy.

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