Bad Bill
Sponsors: Sen. Jessie Danielson (D-Wheat Ridge), Sen. Tony Exum (D-Colorado Springs), Rep. Jennifer Bacon (D-Denver), Rep. Stephanie Vigil (D-Colorado Springs)
Senate Judiciary passed the bill 6-1 Wednesday following four hours of testimony. The legislation adds three categories to who may petition for Extreme Risk Protection Orders under C.R.S. 13-14.5-103: healthcare facilities that employ health professionals or mental health professionals, co-responders participating in co-responder programs under C.R.S. 24-31-313, and district attorneys.
Current law authorizes family or household members and law enforcement officers to petition courts for ERPOs. The court may issue an order temporarily restricting a person’s access to firearms if it finds by preponderance of evidence the person poses a significant risk of causing personal injury to self or others by possessing a firearm.
Rocky Mountain Gun Owners testified in opposition, raising questions about institutional petitions filed without personal knowledge of the respondent. The organization’s written testimony cited concerns about healthcare facilities accessing patient mental health records to initiate firearm removal proceedings, district attorneys filing ERPOs when insufficient evidence exists for criminal charges, and co-responders—social workers paired with law enforcement during crisis calls—gaining authority to petition based on brief encounters.
The bill includes healthcare facilities as institutional petitioners when employees observe conduct giving rise to concern. Current law requires petitioners to have personal knowledge. The legislation does not specify what employee observations meet the threshold for institutional petitions.
The bill moves to Senate Appropriations before floor consideration. House State Affairs Committee scheduled the measure for March 2. Sponsors represent Wheat Ridge, Colorado Springs, and Denver.
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