HB19-1177 Extreme Risk Protection Order (ERPO) Red Flag Bill

Bill Summary: PASSED House of Representatives, Moved on to Senate: Under HB 19-1177, a family member, household member or law enforcement (or really anyone) can petition the court for a temporary extreme risk protection order (ERPO) if they can provide “proof” that a person poses a significant risk to themselves or others by having a firearm. A second hearing would be held within 14 days (a waiting period) at which time law enforcement officials or the family would be required to show by “clear and convincing evidence” that the person is still a danger. The weapons could be held for up to 364 days while that person seeks treatment.

 

Bill Sponsors:  Rep. Tom Sullivan (D), Arapahoe County - HD 2; Rep. Alec Garnett (D), Boulder County - HD 37; Sen sponsors:  Lois Court (D), Brittany Petterson (D)

Comment

1.     Every Colorado citizen has the right to "Due-Process," the presumption of innocence until proven guilty, and probable cause before their homes can be searched.

2.     ERPOs are based on the subjective opinion of not-necessarily qualified individual claiming that you “might” be a threat to yourself or someone else without “due-process.” [Doesn’t this sound like a possible "mental issue", calling for an intervention, first, by a qualified professional behavioral mental health evaluator?] 

3.     The bill “provides for” an initialex partehearingin the absence of the accused gun owner. This could allow for a court order for the confiscation of guns to be issued without the “accused” being present, and without the ability to rebut the claim, or be represented by counsel, or to have any ability to present counter evidence. 

4.     Technically, a person could lose custody of children, home, money, weapons - and freedom. 

5.     Testimony or accusations by the petitioner would by sufficient for law enforcement to determine sufficient and adequate “probable cause” to enter the home of the “accused” - and to confiscate his/her private property. 

6.     Upon issuance of the ERPO, the accused would be required to surrender all of his or her firearms andhis or her concealed carry permits to, either, a law enforcement agency or a federally-licensed firearms dealer - and would be prohibited from possessing, controlling, purchasing, or receiving a firearm for 364 days. 

7.     The respondent can motion the court once, during the 364-day ERPO for a hearing to terminate the ERPO, but is responsible for the entire cost of his/her defense - and has the burden of proof at the termination hearing. 

8.     In Colorado domestic court, many claims are exaggerated, frivolous, unwarranted or resolved. 

9.     Note: This may only be the beginning of many more anti-Second Amendment Bills modeled after restrictive laws in other states. 

 

Bill Status:  House Appropriations CommitteeHearing: Feb 28 @ 8:00 am in LSB-A

 

How you can be involved:

·       Send a note to committee members, as the Bill proceeds through the process. 

·       Contact the bill sponsors below: 

·       Tom Sullivan 303-866-5510 - or email: Tom.Sullivan.house@state.co.us https://www.facebook.com/SullivanForColorado/

·       Alec Garnett (720) 840-8132 – or email:  alec.garnett.house@state.co.ushttps://www.facebook.com/alec.garnett.9 

·      Please share this information widely, so more Coloradans can make their voice heard!