Giffords Praises Colorado House for Introducing Legislation to Remove Guns from Dangerous People

February 14, 2019

Extreme risk laws allow for the temporary removal of guns from people in crisis

February 14, 2019 — Giffords , the gun violence organization founded by former Congresswoman Gabby Giffords and her husband Captain Mark Kelly, commended the Colorado House of Representatives for introducing legislation that establishes a process to obtain an Extreme Risk Protection Order (ERPO) that temporarily prohibits an individual who is a danger to themselves or others from possessing a firearm.

“Colorado leaders understand it takes bold action by the legislature to protect communities from our country’s growing gun violence epidemic,” said Nico Bocour, state legislative director at Giffords. “The time to act is now. By creating a process to establish an extreme risk protection order, law enforcement will have the ability to prevent tragedies before they occur. We are proud of the efforts by Majority Leader Alec Garnett and Representative Tom Sullivan, along with Senate sponsors Senate President Pro Tempore Lois Court and Senator Brittany Pettersen to introduce this legislation, and we are ready to help move this bill through the House, Senate, and onto the governor’s desk.”

A recent Giffords poll found that 79 percent of Colorado voters support a law that would allow a judge to temporarily remove guns from people who are determined to be a risk to themselves or a threat to others. This includes 77 percent of gun households in the state.

“As a gun owner, I know the right to own guns goes hand-in-hand with the responsibility to use them safely, store them safely, and make sure they stay out of the hands of people at risk of harming themselves or others. It’s for that reason, I’m urging the Colorado State Legislature to pass the Extreme Risk Protection Order law,” said Mike Heyka of Colorado Gun Owners for Safety. “I’m troubled by the fact that here in Colorado someone is killed with a gun every 12 hours. Gun violence and suicide is impacting every community and every family in our state – and we’ve got to work together to change that.”

The bill being introduced today by Colorado House Majority Leader Alec Garnett and Representative Tom Sullivan, whose son was tragically killed in the Aurora, Colorado movie theater shooting in 2012, is building upon recent efforts to enact this law. Leader Garnett introduced similar legislation that passed the House in 2018 but the bill failed to gain support in the Senate.

Giffords Law Center to Prevent Gun Violence released the latest edition of its Annual Gun Law Scorecard , which grades and ranks each state on its gun laws, and found that Colorado received a “C.” While Colorado did not pass any significant gun safety legislation in 2018, gun safety advocates successfully defeated two dangerous gun lobby–backed bills, one to allow permitless carry and another to permit guns in K–12 schools. Passing laws like this extreme risk bill will help the state raise its grade above a C.

About Extreme Risk Protection Orders

Extreme Risk Laws create a civil court order, issued by a judge upon consideration of evidence provided by a family member or law enforcement officer, that temporarily prohibits a person in crisis from possessing or purchasing firearms. A common thread in many shootings is that family members of the shooters had noticed their loved ones engaging in dangerous behaviors and were concerned about their risk of harming themselves or others – even before any violence occurred.

Extreme Risk Laws create a mechanism for families and law enforcement to temporarily prevent access to guns by individuals who pose an elevated risk of endangering themselves or others. These laws can save lives while ensuring critical legal protections for respondents, just as they have in states that have already taken this responsible step.
Extreme Risk Laws are based on the long-standing domestic violence protection orders (in place in all 50 states) and involve both a court hearing and clearly defined due process protections. Qualifying petitioners would be able to petition a civil court for an order based on evidence they present at a hearing before a judge.
Extreme Risk Laws give individuals an opportunity to present evidence to show they are not a danger to themselves or others. If a court issues an order, respondents would still be able to petition for early termination of the order and are eligible to have their firearms and ammunition returned upon expiration of the order.
States with Extreme Risk Laws have seen positive results and are saving lives. California enacted this life-saving law in 2014, and Washington voters overwhelmingly passed it in November 2016. Connecticut and Indiana have long-standing Extreme Risk Laws that allow law enforcement officers to intervene when people are in crisis and have easy access to guns. In the first 14 years of the implementation of Connecticut’s law, researchers estimated that by temporarily removing weapons from 762 at-risk individuals, Connecticut’s law had saved up to 100 lives from suicide alone. In addition, nearly one third of respondents received critical mental health and substance abuse treatment as a result of the intervention. A total of 13 states now have Extreme Risk Laws in place.
Extreme Risk Laws are a particularly important tool to help prevent suicides. Those in a suicidal crisis are much more likely to survive if they do not have easy access to firearms for the duration of the crisis. Research shows that people are more likely to die by suicide if they have easy access to firearms. Eighty-five percent of suicide attempts involving firearms are fatal. Nine out of 10 people who survive a suicide attempt do not die by suicide at a later date. These facts demonstrate that Extreme Risk Laws, which can prevent suicidal individuals from accessing guns during a crisis, will likely save lives.

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