“Red flag” bill would allow gun seizure for at-risk individuals

In response to a series of deadly shootings, Colorado lawmakers introduced a new bill Monday to allow judges to order the seizure of guns for six months or longer from people who are considered a “significant risk” to themselves or others.

The “red flag” measure is named for Douglas County sheriff’s deputy Zackari Parrish, who was shot to death Dec. 31 at a Highlands Ranch apartment complex by a man experiencing a mental health crisis.

Democratic Gov. John Hickenlooper has said that he supports the concept of the legislation if “people’s civil rights are completely protected,” and his administration is considering possible executive action on the issue if lawmakers fail to act.

But the bipartisan legislation — sponsored by House Assistant Majori ty Leader Alec Garnett, DDenver, and House Assistant Minority Leader Cole Wist, RCentennial — faces a difficult path in the session’s final days, particularly given the partisan split in the General Assembly and the contentious nature of gun legislation.

Senate President Kevin Grantham, RCañon City, wants to scrutinize the language on how a person’s firearms are taken and who takes possession of them.

“We have to see the details,” Grantham told reporters ahead of the bill’s introduction. “I haven’t liked what I’ve heard so far.”

Under the legislation, a relative, household member or law enforcement officer could petition a judge to issue a temporary extreme risk protection order, known as ERPO, that allows for the removal of firearms from a person who poses a significant risk.

Within seven days, the court would hold a second hearing on whether to evaluate evidence that would prohibit the person from controlling, possessing or receiving a firearm for 182 days, or six months. If requested, a judge could extend the order.

A violation of an order would be a class 2 misdemeanor, punishable by three to 12 months in prison, and multiple violations would qualify as a felony punishable up to 18 months in prison.

To determine if a person is a significant risk, the judge could consider recent credible threats of violence, relevant mental health issues, any history of domestic violence, abuse of controlled substances and evidence of a recent acquisition of a firearm or ammunition.