Extreme Risk Protection Orders (ERPO) aka "Red Flag Orders"
In a moment of crisis, access to a gun can be the difference between life and death. If you’re worried that a loved one is in crisis and at risk of hurting themselves or others, you can seek an Extreme Risk Protection Order (ERPO) to temporarily suspend their access to firearms until the crisis passes. An Extreme Risk Protection Order, sometimes known as a red flag order, will temporarily remove guns from the situation and help keep you and your loved one safe. (Info via One Thing You Can Do).
If you have immediate safety concerns, call 911 for emergency assistance.
How do I request an Extreme Risk Protection Order?
To seek an extreme risk protection order, a family or household member can fill out and file the application directly with the court. They can also contact a member of law enforcement to discuss their concerns. Law enforcement can then investigate these concerns and request the extreme risk protection order from the court.
Other ERPO FAQs
1. What is a Extreme Risk Protection Order (ERPO)?
An Extreme Risk Protection Order is a court order that temporarily restricts a person’s access to guns when a person poses a risk to themselves or others. Extreme Risk Protection Orders are designed to help law enforcement and concerned family members intervene quickly in dangerous situations.
2. Who can request an Extreme Risk Protection Order?
Under Colorado law, a law enforcement officer or a person’s family or household member may file a petition for an Extreme Risk Protection Order. A family or household member is defined as:
- A person related by blood or marriage,
- A person who has a child in common,
- A dating partner, or
- A person who shares a common dwelling.
3. How long does an Extreme Risk Protection Order last?
There are two types of extreme risk protection orders that can be requested: An Emergency Extreme Risk Protection Order that can be enforced quickly and lasts up to two weeks, or a Final Extreme Risk Protection Order that requires a scheduled hearing and can last up to one year. You can request either type of ERPO depending on the situation and what you feel is necessary.
- An Emergency ERPO is a temporary order that can last up to two weeks (14 days). Emergency Extreme Risk Protection Orders can be requested in situations when someone is in immediate danger of harming themselves or someone else. This temporary order only lasts until the court has a hearing on a Final Extreme Risk Protection Order. Concern for the safety of the person, or the public, may demand that action be taken before the scheduled hearing date, to prevent immediate danger. To protect a person or public safety during this time, a judge may issue an emergency extreme risk protection order that restricts a person’s access to firearms before the person has been notified of the petition, and before a full hearing is held. Because the emergency extreme risk protection order only stays in place for a short period of time it balances the urgent need for public safety with the due process rights of all involved.
- A Final ERPO lasts for one year. At the end of one year, the person who petitioned for the order, another family or household member, or law enforcement officer may ask the court to renew it. The order can only be extended after a court hearing.
4. What happens after an Extreme Risk Protection Order has been requested?
Once the court receives a request (called a “petition”) for an extreme risk protection order, the court will notify the person and schedule a court hearing about whether the order should be issued. If, at the hearing, a court finds that a person poses a significant danger of injury to themselves or others with a firearm, the judge will issue a court order that requires the person’s firearms to be held by law enforcement or a licensed firearms dealer for as long as the order is in effect. Also, the person will not be able to purchase new firearms while the order is in effect.
5. What is a Extreme Risk Protection Order (ERPO)?
No. An extreme risk protection order is a civil court order. Its sole purpose is to remove firearms from a person who is at high risk of causing harm to themselves or to others. The court’s decision to issue the order does not cause the person to have a criminal record.
