Weld County, Colorado’s Extreme Risk Protection Order, also known as the Red Flag Law, is where a judge can temporarily remove firearms from a person when that person is deemed a risk to themselves or others. Recently, a man was the first to be required to relinquish his firearms for 364 day after an altercation with his wife. A temporary protection order was filed and a hearing date set. Consequently, when the man waived his right to the hearing, the full 364-day protection order was placed, and he surrendered his arms.
Red Flag / Extreme Risk Protection Order – Another Way Greeley Citizens Lose 2nd Amendment Rights
In Greeley, Colorado, an Extreme Risk Protection Order under the new Red Flag Law, C.R.S. 13-14.5-108, requires the respondent to surrender their guns. The Second Amendment is circumvented to require:
- 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.
In Weld County, Colorado, When is a Red Flag Extreme Risk Protection Order filed?
An Extreme Risk Protection Order is filed in Weld County, Colorado, when a person is thought to be a risk to themselves or to others. Starting with a sworn petition, a person would have to allegedly pose a significant risk of causing injury to themselves or others. A Weld County judge would then issue a court date to determine if the risk in accurate. During the time in-between the petition and the hearing, a Temporary Extreme Risk Protection Order may be filed, and the accused’s firearms are required to be surrendered. The problem is that people use this law for revenge against others.
Red Flag Protection Order Rules in Greeley, Colorado – What Happens if Guns Are Not Surrendered?
After a Red Flag Protection Order is issued (including the temporary order before a hearing), the respondent has 48 hours to surrender their guns, firearms, and concealed carry license. When those 48 hours have elapsed, if the accused has not surrendered their weapons to the appropriate people or places, the person who the protection order was issued against could be charged with a class 2 misdemeanor.
Need Lawyer Help with an Extreme Protection Order in Greeley or Weld County?
If you need lawyer help with your Extreme Protection Order in Greeley or Weld County, call the O’Malley Law Office today. We are progun and pro 2nd Amendment.
You should always understand your rights. Consult an experienced criminal defense attorney in Greeley before you do anything. You don’t want to further jeopardize yourself with the Weld County courts. The best defense to these anti-constitutional government actions is a rational, obedient response. This denies your reporting party support for their allegations that you are a danger to others.
Call 970-616-6009 to reach an experienced criminal defense attorney in the Greeley and Weld County area today.
Together, we can protect your future and your 2nd Amendment Rights.
Photo by Derwin Edwards from Pexels