JOINT RELEASE: Democrats Introduce Legislation to Expand and Improve Colorado’s Red Flag Law

Bolstered ERPO policy will help de-escalate emergency situations and save lives

DENVER, CO – Senate President Steve Fenberg, D-Boulder, Sen. Tom Sullivan, D-Centennial, House Assistant Majority Leader Jennifer Bacon, D-Denver and Rep. Mike Weissman, D-Aurora, today introduced a bill that will expand and strengthen Colorado’s “Red Flag” law.

SB23-170 will expand who is eligible to file for an Extreme Risk Protection Order (ERPO), which will allow more qualified individuals to intervene before gun violence has a chance to occur.

“Red Flag laws are one of the most effective tools we have to prevent gun violence, but unfortunately Colorado’s Red Flag law is tragically underutilized,” Fenberg said. “This bill will strengthen our state’s Red Flag law and increase the number of individuals who can file for an extreme risk protection order, which will create more opportunities for community members to recognize when something is wrong and intervene in a way that will prevent further gun violence and save countless lives across our state.”

“Red Flag laws can prevent the next horrific tragedy from unfolding in our communities,” said Bacon. “We passed this life-saving policy in 2019 to prevent dangerous individuals from accessing lethal weapons, but we’re still not seeing the law being used to its full potential. Expanding our red flag law to allow more qualified individuals to file a petition will keep our communities safer.”

“Our Red Flag law has already saved lives in Colorado, but we can strengthen it so that it can be even more effective,” Sullivan said. “These common sense updates will expand and improve our Red Flag law and create more opportunities for qualified individuals to assess the danger and act appropriately to prevent further violence and ultimately save more lives.”

“Red flag laws are a proven tool to reduce gun violence,” said Weissman. “In the first two years after the Extreme Risk Protection Order law went into effect, over 200 petitions were filed, and many lives were likely saved and suicide attempts prevented as a result. The legislation we’re introducing will build off our successful Red Flag Law and make it more effective by creating additional opportunities for individuals to utilize the law and seek assistance in dangerous situations.”

Originally passed by the legislature and signed into law by Governor Polis in 2019, the Zackari Parrish III Violence Prevention Act is a tool used to temporarily remove firearms from a person who a judge determines is a threat to themselves or others. Currently a petition for removal can only be filed by a family member or a law enforcement officer. SB23-170 will expand the list of individuals eligible to file an ERPO to include DAs and other law enforcement officials, licensed health care providers, mental health professionals, and educators. 

According to the Associated Press, Colorado has one of the lowest use rates of its Red Flag law. Colorado issued only 3.3 protection orders per 100,000 adult residents through 2021, ranking the sixth lowest among 19 states that have Red Flag laws. In comparison, Florida issues 33.6 protection orders per 100,000 adult residents. Researchers have found that for every 10 to 20 protection orders, one suicide might be averted.