This would allow law enforcement, household members, and family members the ability to go to a judge a remove someone’s guns temporarily from their home.
Under the proposal, any family member, household member or law enforcement officer could go before a judge and ask for an extreme risk protection order. A judge could then immediately order a person's guns taken away if a person is deemed a threat.
Within 14 days, a formal hearing must take place where the gun owner could request their guns back. Legal representation would be provided by the state.
If a judge still deems an individual a risk, their guns could be taken away for up to 364 days.
Last year, Democrats tried to pass a similar bill. It failed in the Republican-controlled Senate. Democrats now control that chamber, which is why the bill has a strong chance to become law.
The previous bill would only have allowed guns to be taken away for six months. Rep. Alec Garnett (D-Denver) explained why this year's bill says a longer ban could be issued. "It came from working with the sheriffs and police chiefs who essentially came forward and said, 'Six months is not enough time,'" said Rep. Garnett.
Republicans and gun rights groups are livid. "They figured out a way to make this bill worse than last year's bill," said Rep. Patrick Neville, the Republican House Minority Leader.
Neville even suggested lawmakers could be recalled if they pass the legislation. "Their actions do have consequences," Neville said.
Rocky Mountain Gun Owners promised a fight at the Capitol. "Colorado gun owners loudly oppose so-called 'red-flag' schemes because they are a gross violation of due process protections," said Dudley Brown, the executive director of Rocky Mountain Gun Owners.
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