Colorado’s Red Flag Law allows courts to temporarily restrict a person’s access to firearms when there is evidence that they pose a significant risk of harming themselves or others. Although the law is intended to prevent violence, an extreme risk protection order can have serious consequences for gun owners. Understanding how these orders work, who can request them, and how they may affect a pending criminal case is important for protecting legal rights.
What Is an Extreme Risk Protection Order, and Who Can Request One in Colorado?
An Extreme Risk Protection Order is a civil court order that temporarily prohibits an individual from possessing, purchasing, or receiving firearms when a judge determines they pose a significant risk of harming themselves or others. Colorado’s Red Flag Law allows qualifying individuals to request these orders without filing criminal charges.
Under C.R.S. § 13-14.5-104, eligible petitioners include family members, household members, law enforcement, and certain health care professionals and educators. In April 2026, Governor Jared Polis signed SB26-004, expanding eligibility to additional institutions, including schools, health care facilities, and behavioral health treatment centers. Courts review the evidence before deciding whether to issue an order restricting firearm access.
What Happens at a Colorado Red Flag Law Hearing?
When someone petitions for an Extreme Risk Protection Order, the court schedules a hearing and notifies the respondent of the allegations. A temporary order may restrict firearm possession before the hearing takes place. During the hearing, the judge reviews evidence to determine whether the respondent poses a risk of harming themselves or others.
Evidence could include recent threats of violence, past behavior, and violations of protection orders. The respondent has the right to have an attorney present to contest the accusations and present evidence in their defense. If the allegations are proven by clear and convincing evidence, the court issues an Extreme Risk Protection Order lasting 364 days, although the order may be renewed or terminated early under certain circumstances.
How Does a Red Flag Order Affect a Pending Criminal Case?
An Extreme Risk Protection Order is a civil matter, meaning it does not automatically result in criminal charges or a conviction. However, the circumstances surrounding an order may also be relevant to a pending criminal case, particularly when allegations involve threats, domestic violence, or firearms.
Evidence presented during an ERPO hearing could potentially affect criminal proceedings. Violating an ERPO can also result in separate criminal charges, making compliance with its restrictions essential.
Why You Should Hire a Gun Crime Lawyer
Facing an Extreme Risk Protection Order can quickly complicate your life and potentially have implications for any ongoing criminal charges. When you hire a gun crime lawyer, you can gain a clearer understanding of state gun laws and potential gun crime penalties.
A Colorado gun crime attorney can represent you in court to argue against any unwarranted restrictions. If you are facing separate criminal charges, your lawyer can protect your rights and freedom through those proceedings as well.
Facing a Red Flag Order in Colorado? Contact Blackley & Wingad Today
Whether you live in River North Art District, near Kendrick Lake, or elsewhere in Denver, Colorado’s Red Flag Law can have serious consequences for gun owners, particularly when an extreme risk protection order accompanies a criminal investigation or pending weapons charges.
Our attorneys understand the importance of protecting constitutional rights and addressing criminal charges before they threaten a client’s freedom and future. Contact our office today to discuss legal options.
