LEAP Forward
Politicizing Guns since 2017

Legislation

Colorado HB 1177 - Extreme Risk Protection Orders

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Colorado HB 1177

Extreme Risk Protection Orders

by Lois Court (D), Alec Garnett (D), Brittany Pettersen (D), Tom Sullivan (D)


LEAP Forward Position: Support

This ‘red flag’ legislation will allow a broad class of individuals to petition a judge to rule a person to be a danger to themselves or others and allow law enforcement to remove firearms from those people.

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The bill creates the ability for a family or household member or a law enforcement officer to petition the court for a temporary extreme risk protection order (ERPO). 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.