With the extended coverage on shootings and gun violence, Colorado lawmakers have passed a new law called Petition for Extreme Risk Protection Order or the Red Flag law, to become active on January 1, 2020. This law allows family / household members or law enforcement to file a petition with the court requesting that a person have their firearms removed from their possession. The burden for entering this order is very low – meaning judges will be inclined to grant it. Let’s take a closer look at this new protection order law.
Larimer County Extreme Risk Protection Orders: What is a Petition for Extreme Risk Protection Order?
The Larimer County, Colorado law definition of Petition for Extreme Risk Protection Order – C.R.S. 13-14.5-104(3) – is:
(a) Allege that the respondent poses a significant risk of causing personal injury to self or others by having in his or her custody or control a firearm or by purchasing, possessing, or receiving a firearm and must be accompanied by an affidavit, signed under oath and penalty of perjury, stating the specific statements, actions, or facts that give rise to a reasonable fear of future dangerous acts by the respondent;
(b) Identify the number, types, and locations of any firearms the petitioner believes to be in the respondent’s current ownership, possession, custody, or control;
(c) Identify whether the respondent is required to possess, carry, or use a firearm as a condition of the respondent’s current employment;
(d) Identify whether there is a known existing domestic abuse protection order or emergency protection order governing the petitioner or respondent;
(e) Identify whether there is a pending lawsuit, complaint, petition, or other action between the parties to the petition; and
(f) If the petitioner is not a law enforcement agency, identify whether the petitioner informed a local law enforcement agency regarding the respondent.
Hearings and Temporary Extreme Risk Protection Orders in Loveland and Estes Park
Under the Red Flag law, when a Petition for an Extreme Risk Protection Order is filed, a hearing must be held and the judge must find that there is a considerable risk in order to enter the order and take someone’s firearms. If entered, the protection order is set to expire one year after it is entered and another hearing must take place if one party wants the period of confiscation extended. However, there is also a provision in the law that allows for a Temporary Extreme Risk Protection Order, meaning that the court can grant a temporary order taking the person’s firearms immediately until a hearing is set where both the petitioner and respondent (person at risk of losing their firearms) can be present to present their respective cases.
If you or someone you love is at risk of losing their right to bear arms because of the Extreme Risk Protection Order or Red Flag Law, contact the best defense attorneys from the O’Malley Law Office at 970-658-0007 to schedule your free consultation today. Together, we can protect your future.
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