In 2019, Colorado enacted a law that enables certain individuals to petition a court to remove guns from a person in crisis.1 The law, called an extreme risk protection order (ERPO), allows a law enforcement officer, family or household member, or certain healthcare professionals and educators to file a petition demonstrating to a judge that an individual poses a danger to himself, herself, or others.2 If the court determines that the petitioner has met the standard of proof, it will issue an order that lasts up to one year. An individual subject to an ERPO must relinquish his or her firearms and ammunition to law enforcement and will be prohibited from possessing firearms for the duration of the order. After relinquishing to law enforcement, an individual may elect to sell or transfer their firearms to a private party with whom they do not reside or federally licensed gun dealer.3
A temporary ERPO can be obtained without notice to the individual subject to the ERPO.4 This order can last up to 14 days, before a hearing is held to determine whether a year-long order is appropriate.5
The respondent can submit one request during the period of the order to hold a hearing to terminate the order early.6
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- Colo. Rev. Stat. § 13-14.5-101 et seq.
- Id. at 102.
- Id. at 105.5(4).
- Id. at 103.
- Id. at 105