Politics & Government
Gov. Polis Signs 'Red Flag' Mental Health Gun Law
The new law will allow family members and law enforcement to petition a judge to temporarily remove guns from a person at risk of harm.
DENVER, CO – Gov. Jared Polis on Friday signed the "Extreme Risk Protection Orders," legislation or the "Red Flag" bill into law. The legislation allows for family members and law enforcement officers to petition a judge to have firearms taken temporarily from an at-risk person.
“Colorado has endured more than our fair share of tragedies," Polis said. The new law is at the intersection of "mental health and rights" he said, adding that the "bar is high" for the new law to be activated. "Today we may be saving the life of your nephew, your niece, your grandchild.”
The law takes effect on Jan. 1, 2020. The law says once the petition is filed by family members, the court must hold a hearing that day, or the next court day, to determine whether the order to seize firearms will be executed. Then, within 14 days, a judge will determine whether to return the firearms. More than 12 other states have similar legislation on the books.
Find out what's happening in Denverfor free with the latest updates from Patch.
Tony Spurlock, the Douglas County Sheriff, was present at the signing. Douglas County deputy Zackari Parrish III was killed and other deputies were injured in 2017 on New Year's Eve when they were ambushed by a mentally ill man. The law is named in his honor. Also present was Boulder County Sheriff Joe Pelle, whose son, a Douglas County deputy was injured in the same incident.
The bill passed both the newly Democratic majority Colorado House and Senate, mostly along party lines. However, the proposed law set off a number of county sheriffs who announced they would not enforce the new legislation and calling their jurisdictions "gun sanctuary counties."
Find out what's happening in Denverfor free with the latest updates from Patch.
The NRA's Institute of Legislative Action criticized the bill saying the judge's order to seize firearms is made ex parte, meaning it's a decision made without all parties present.
The Rocky Mountain Gun Owners organization called it a "Gun Confiscation" bill.
But newly elected Aurora State Rep. Tom Sullivan, whose son Alex was murdered in the 2012 Aurora theater mass shooting, said the law was monumental
"I know how important this is. I know how this is going to save lives," Sullivan said.
See more on Patch:
- Body Cam Footage Of Colorado Deputy Killing Released
- Douglas Co. Deputy Death Investigation Complete: New Details
Patch reporter Geoff Dempsey contributed to this article.
Get more local news delivered straight to your inbox. Sign up for free Patch newsletters and alerts.