Colorado

Colorado’s ERPO law¹ went into effect on January 1, 2020. The law was updated in April 2023.

An Extreme Risk Protection Order (ERPO) is a civil order that may be issued when a person poses a significant risk of causing personal injury to self or others by having a firearm in their custody.² The ERPO prohibits said person from possessing or purchasing firearms. In Colorado, law enforcement, family and household members (including persons related by blood, marriage, or adoption, persons with a child in common, persons who regularly reside or regularly resided with the respondent in the last six months, domestic partners, parents, children, stepparents, stepchildren, grandparents, grandchildren, legal guardians, current or former unmarried couples), licensed medical care providers, licensed mental health-care providers, licensed educators, and district attorneys may petition for an ERPO. ³

There are two types of ERPOs: temporary ERPOs and final ERPOs. A temporary ERPO may be issued for up to 14 days, until a subsequent hearing when both the petitioner and respondent may address the court.⁴ On the day the temporary ERPO petition is filed (or the next day the court is open following the day the petition is filed) a hearing is held in-person or by phone.⁵ In advance of a hearing on a final ERPO, the court will appoint counsel to represent the respondent at the final hearing and provide notice of the hearing date no later than one court day after the date of the ERPO petition. The court may schedule a hearing by telephone.⁶ At this hearing, the court may issue a final ERPO, which is valid for 364 days, although it may be terminated early or extended.

Colorado’s ERPO law includes ex parte ERPOs issued by a judicial officer; a hearing where the respondent is provided notice and an opportunity to participate⁷; the respondent’s right to counsel;  and the requirement of relevant evidence (e.g. the enumerated factors the judicial officer must consider) to issue an ERPO.⁸