Colorado Red Flag Laws – What you need to know

Colorado’s red flag law allows a person’s family and household members to ask the court for an extreme risk protection order” (ERPO) prohibiting that person from having a gun. The purpose of ERPOs is to prevent people who are exhibiting a high risk of hurting themselves or others from possessing firearms.

1. What is an ERPO in Colorado?

ERPO is short for extreme risk protection order. ERPOs prohibit the person named in the order (“respondent”) from possessing or buying guns while the ERPO is in effect.¹

2. Who can ask the court for an ERPO?

The following people can petition a Colorado court for an extreme risk protection order:

• a law enforcement officer;
• licensed medical care providers;
• licensed mental health-care providers;
• licensed educators;
• district attorneys;
• a person related by blood, marriage, or adoption to the respondent;
• a person who has a child in common with the respondent;
• a person who regularly resides or regularly resided with the respondent within the last six months;
• a domestic partner of the respondent;
• a person who has a biological or legal parent-child relationship with the respondent, including stepparents and stepchildren and grandparents and grandchildren;
• a person who is acting or has acted as the respondent’s legal guardian;
• anyone in an intimate relationship with the respondent, which includes spouses, former spouses, or past or present significant others.²

3. What is the court process?

In order to get an extreme risk protection order in Colorado, the petitioner (police officer or family/household member of the respondent) must submit a petition and affidavit with the court. (Find the ERPO court forms here.) The court will then hold a hearing by the following day. If the court finds by a preponderance of the evidence that the respondent poses a significant risk of causing personal injury to themself or others by having a gun, the court will grant a temporary ERPO good for 14 days. The court will then hold another hearing within those 14 days where the respondent can have the opportunity to be heard. If the court finds by clear and convincing evidence that the respondent poses a significant risk of causing personal injury to themself or others by having a gun, the court will grant an ERPO good 364 days. (The court will appoint the respondent counsel to represent the respondent during this hearing.) Upon issuance of a temporary or extended ERPO, the respondent must immediately surrender their firearms and their CCW permit (if they have one).³

4. Who gets the surrendered firearms?

Respondents in Colorado ERPOs must surrender their guns to a police agency or a federally licensed firearms dealer. If the gun is a relic, curio, or antique, then the respondent can give the gun to a family member who does not live with the respondent and is not prohibited from having guns.⁴

5. Can ERPOs be dissolved early?

Yes. A respondent can ask the Colorado court one time during the 364-day ERPO lifespan for a hearing to consider terminating the ERPO. If the respondent can show by clear and convincing evidence that they no longer pose a significant risk of causing personal injury to themself or others by having a gun, the court will dissolve the ERPO.⁵

6. Can ERPOs be extended?

Yes. Before the original ERPO expires, the person who requested it can ask for an extension. If the Colorado court finds by clear and convincing evidence that the respondent poses a significant risk of causing personal injury to themself or others by having a gun, the court will extend the ERPO for up to one year.⁶

7. What happens to the guns when an ERPO is dissolved or expires?

Once a Colorado ERPO is no longer in effect, the police must return the guns to the respondent within three days of the respondent requesting them.⁷

8. What is the penalty for violating an ERPO?

People who possess guns in violation of an ERPO against them face Colorado criminal charges for a class 2 misdemeanor, carrying:

• up to 120 days in jail, and/or
• a fine of up to $750.⁸

9. ERPOs vs. Other Restraining Orders

The following table compares and contrasts ERPOs to PPOs, TPOs, and MPOs.

	Mandatory Protection Order (MPO)	Temporary Protection Order (TPO)	Permanent Protection Order (PPO)	Extreme Risk Protection Order (ERPO)
Purpose	Protect alleged victims in criminal cases	Provide immediate, short-term protection	Provide long-term protection	Temporarily remove firearms from individuals posing a significant risk
Duration	Throughout criminal proceedings	Up to 14 days	Indefinite, unless modified or terminated	Up to 364 days, can be renewed
How Obtained	Automatically issued in criminal cases	Petitioner files with court	After hearing, usually following a TPO	Law enforcement or family/household member petitions
Hearing Required	No	Ex parte (one-sided) hearing	Yes, both parties can present evidence	Ex parte for temporary, full hearing for extended order
Who Can Request	N/A (court-issued)	Victim of domestic abuse, stalking, sexual assault, etc.	Same as TPO	Law enforcement or family/household member
Main Restrictions	No contact, stay away from victim	No contact, stay away, temporary custody orders	Similar to TPO, can include counseling orders	Surrender of firearms and concealed carry permit
Modification	Can be modified by court	Can be extended or made permanent	Can be modified or terminated by court	Can be terminated early or extended
Penalties for Violation	Criminal charges, contempt of court	Criminal charges, contempt of court	Criminal charges, contempt of court	Criminal charges, contempt of court

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