In Weld County and around Colorado, the Extreme Risk Protection Order, also known as the Red Flag Law, is when a person is deemed a risk to themselves or others and a judge orders that their firearms shall be removed from their access. Recently in Pitkin County, law enforcement requested an Extreme Risk Protection Order on a resident after repeated interactions with him. It is alleged that he threated to harm himself, and on a different day, a woman in a domestic dispute with the man stated that she felt threatened. She also sought a Temporary Extreme Risk Protection Order. Below, the Colorado Red Flag Law will be discussed along with the procedures surrounding conditions where a judge might order an Extreme Risk Protection Order.
What an Extreme Risk Protection, C.R.S. 13-14.5-102-114, in Greeley, Colorado – How You Can Lose Your 2nd Amendment Rights
In Greeley, Colorado, an Extreme Risk Protection Order or ERPO under, C.R.S. 13-14.5-102-114, requires the Respondent to surrender their guns. Following a hearing under a ERPO request, a judge can order the:
Selling or transferring possession of the firearm to a federally licensed firearms dealer described in 18 U.S.C. sec. 923, as amended; except that this provision must not be interpreted to require any federally licensed firearms dealer to purchase or accept possession of any firearm;
Arranging for the storage of the firearm by a law enforcement agency. The law enforcement agency shall preserve the firearm in a substantially similar condition that the firearm was in when it was surrendered. If the respondent does not choose the option in subsection (1)(a)(I) of this section, a local law enforcement agency shall store the firearm.
Only for either an antique firearm, as defined in 18 U.S.C. sec. 921 (a)(16), as amended, or a curio or relic, as defined in 27 CFR 478.11, as amended, transferring possession of the antique firearm or curio or relic to a relative who does not live with the respondent after confirming, through a criminal history record check, the relative is currently eligible to own or possess a firearm under federal and state law.
Simply put if a ERPO is issued then all firearms, ammunition, and permits to carry are to be surrender to the law enforcement agency that is serving the ERPO on the Respondent.
Who Can File a ERPO in Colorado, Under C.R.S. 13-14.5-103?
Under the Red Flag Law, C.R.S. 13-14.5-103,a petition for an ERPO can be filed by a law enforcement agency, someone related to the defendant, someone who lives with them, or a guardian to the defendant.
The petition will need to include any relevant evidence, including:
- a recent act or credible threat of violence by the respondent against self or others;
- a pattern of acts or credible threats of violence by the respondent;
- a violation by the Respondent of a civil protection order;
- a previous or existing extreme risk protection order issued against the Respondent and a violation of that order;
- a conviction for a crime of domestic violence;
- the Respondent’s ownership, access to or intent to possess a firearm;
- a credible threat to use a firearm or the unlawful use of a firearm;
- the history of use, attempted use, or threatened use of unlawful physical force by the Respondent against another person or any history of staking another;
- any prior arrest of the Respondent for a crime listed in section 24-4.1-302(1) or section 18-9-202;
- evidence of the abuse of controlled substances or alcohol by the Respondent;
- whether the Respondent must possess a firearm as a condition of their employment;
- evidence of the recent acquisition of a firearm or ammunition by the respondent.
Once a petition is filed, then a hearing takes place on whether the judge should issue a Temporary Extreme Protection Order., If the requirements for a temporary order are me, the defendant must surrender any firearms until a hearing where it will be determined if a permanent ERPO will be issued by the court.
What Happens if an Extreme Risk Protection Order is Issued by a Weld County Judge?
In Weld County, if evidence shows proof by clear and convincing evidence that the Respondent poses a significant risk of causing personal injury to self or others by having in his or her custody or control a firearm or by purchasing, possessing, or receiving a firearm, the court shall issue an Extreme Risk Protection Order. This ERPO lasts for 364 days. When this happens, the Weld County Sheriffs, Greeley Police or other law enforcement agency will serve the Respondent with the ERPO. Next, any guns in the possession of the Respondent will be confiscated, along with any concealed carry permit. It is also likely that there will be a search warrant and a search will be conducted to find any other weapons. These weapons can either be sold to a licensed dealer or stored by the law enforcement agency. Transfer to family members is not generally permitted.
Sentence and Penalties for Violating the Red Flag Law in Windsor or Greeley, Colorado
If you are found in violation of a ERPO or a Red Flag Law in Windsor, Greeley, or the rest of Colorado, then you can be charged with a class 2 misdemeanor. The penalties for a class 2 misdemeanor are punishable by up to 120 days in the Weld County Jail and a fine of up to $750.
Facing an ERPO? – How Can a Weld County Criminal Defense Attorney Help You?
If you are served with a temporary ERPO, you will want to hire a Weld County criminal defense attorney to represent you at the hearing to determine whether an Extreme Risk Protection Order will be issued by the court. A skilled attorney can help you protect your 2nd Amendment rights.
If you are served a Temporary Extreme Protection Order in Greeley or Weld County, call the O’Malley Law Office today. We can help you understand your rights as you head to the Weld County Courthouse for your Extreme Risk Protection Order hearing. Call 970-616-6009 to reach our experienced criminal defense attorneys in the Greeley and Weld County area today. Together, we can protect your future.
The location for the Weld County Courthouse is 901 9th Avenue, Greeley, Colorado. We’ll see you there!
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