Good Bill
Sponsor: Rep. Ryan Slaugh (R-Elbert County)
The bill repeals Colorado’s Extreme Risk Protection Order statute at C.R.S. 13-14.5-101 through 113. Current law authorizes family members, household members, and law enforcement to petition courts for temporary orders restricting firearm access when a person poses significant risk of injury to self or others. Courts may issue orders based on preponderance of evidence standard.
The legislation eliminates the ERPO process enacted in 2019 as House Bill 19-1177. That law allows ex parte hearings where respondents receive notice only after courts issue temporary orders. Respondents may request hearings within 14 days to contest orders. ERPOs can last up to 364 days with possible extensions.
Sheriffs in 37 of Colorado’s 64 counties declared they would not enforce ERPO laws, citing constitutional concerns. Weld County Sheriff Steve Reams stated his office would not confiscate firearms without criminal charges. The sheriffs raised questions about due process when temporary orders issue before respondents can present evidence.
Questions include whether eliminating ERPOs removes a tool for preventing firearm suicides when family members observe warning signs, how the repeal affects pending ERPO cases, and whether the Second Amendment permits temporary firearm restrictions based on demonstrated risk without criminal conviction per District of Columbia v. Heller, 554 U.S. 570 (2008).
House State Affairs will hear the bill Monday, March 9. Representative Slaugh represents rural Elbert County east of Denver.
Support Independent Local Journalism — High Country Advocate was created as a real alternative to regional media that too often silences dissenting voices while taking sides in the political struggle. Producing in-depth, unflinching reporting like this series and others is expensive: servers, editing, research time, and legal review all add up quickly. If these articles have informed you or given you new perspective, please consider supporting HCA with a paid subscription — every subscriber helps keep this reporting strong and independent.
