THE MOST IMPORTANT RESOURCE FOR GUN OWNERS IN COLORADO
RED FLAG LAWS ARE NOW CALLED EXTREME RISK PROTECTION ORDERS OR AN ERPO
WHAT TO DO IF YOU ARE SERVED WITH AN ERPO RED FLAG ORDER:
- Remain calm.
- Video record all interactions or preferably have someone else record. If neither are an option, turn on the video or audio record on your phone and set it down nearby. The police cannot legally force you to stop recording if you are cooperative. You can record the execution of a search warrant if you do not impede the search.
- You do not have to allow police in your home without a search warrant.
- Do not talk to police about the accusations even if they are not true. Although these are civil cases, anything you say can be used against you in court.
- Do not do anything that would put yourself or others in danger.
WHAT TO EXPECT:
- These are civil cases, not criminal. You have not been charged with a crime. The first court hearing has already taken place without you. This hearing included the petitioner and a judge. If you are receiving the ERPO order, the judge granted it based on the accusations provided by the petitioner. To learn who can petition the courts, visit our FAQ page.
- Law enforcement will come to your home or place of employment to serve the order.
- The law enforcement agency who will serve the order and seize the firearms will be your local municipal agency if you reside inside city limits, or your sheriffs office if in unincorporated county.
- They will have a TEMPORARY Red Flag ERPO order. This order will have a future court date where the ERPO will either be made permanent or will be dismissed. This court date must be within 14 days of the initial hearing, but it can be less.
- They may or may not have a search warrant.
- Law enforcement may assess you for a mental health hold.
- They may or may not request to take your firearms and/or CCW permit.
- If they do not have a search warrant, and do not request to take your firearms, they will provide instructions as to how you can surrender them yourself. Law enforcement agencies are supposed to provide storage but many have said they will not store firearms and/or do not have the space to store firearms.
- If you do not surrender your firearms, it is a Class 2 misdemeanor.
- When the temporary order is granted, you are put into the NICS and CBI databases as a prohibited buyer.
WHAT YOU SHOULD DO AFTER BEING SERVED THE ORDER:
- You will have two full court days to file an Affidavit of Compliance (Form JDF 582) stating you have properly surrendered your firearms. If you do not file this, a search warrant may be issued if one was not issued at the temporary hearing.
- You can obtain a transcript of the temporary orders hearing and YOU WILL NEED THIS. Request this when filing the Affidavit of Compliance.
- You can retain private legal counsel, represent yourself, or request an attorney through the court. If you obtain one through the court, it is not a public defender, but pulled from a pool of attorneys who have submitted their names to the court to represent ERPO cases. They are paid by the court. For a list of private attorneys who are educated on the ERPO law and we recommend, click here.
- Consider getting a mental health evaluation to provide at the future hearing.
- Contact us with the information. We will be following these and assisting where needed.