Insight

Colorado’s New “Red Flag” Law for Extreme Risk Protection Orders

Preventing Mass Shootings

False Abuse Claims in Child Custody
James H. Chalat

James H. Chalat

September 6, 2019 02:00 PM

It doesn’t matter which side you take in the gun debate. Everybody wants the killing to stop. Red flag laws were proposed after the February 14, 2018 shooting at the Marjory Stoneman Douglas High School in Parkland, Florida. These laws change the focus away from reaction to prevention. Colorado is one of 12 states to enact a red flag law since the Parkland shooting.

Technically, a red flag law is an “Extreme Risk Protection Order” (ERPO) statute. Ours goes into effect on January 1, 2020. CRS 13-14.5-101, et seq. It is named The Parrish III Violence Prevention Act. Parrish was a Douglas County Sheriff’s deputy who was shot and killed on December 31, 2017 by a mentally ill man.

The Parrish Act

The Parrish Act allows a court to order the relinquishment of firearms upon evidence from family members or other concerned parties that a person poses a “significant risk of causing personal injury to self or others in the future" by having or purchasing a firearm. The Parrish Act is complex and abstract. It provides for expedited hearings, the admission of credible evidence, and notice to the person who is alleged to pose the “significant risk.”

As with any new law, there will be disagreements. Some public officials threaten court challenges. Act sponsor Rep. Tom Sullivan, whose son Alex was murdered On July 20, 2012 at the Aurora Theater shooting, has weathered a recall effort by gun lobbyists and extremists.

History and context help to understand the policy tensions of gun safety legislation. The Second Amendment of the United States Constitution says: “A well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”

The United States Supreme Court has held that an individual’s right to keep and bear arms is unconnected to service in a militia. District of Columbia v. Heller, 554 U.S. 570 (2008). No law can bar the right to bear arms for defensive purposes. However, even Justice Scalia, who wrote Heller, recognized that Second Amendment rights are not unlimited. The right is “not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose.”

The Brady Bill

The Brady Handgun Violence Prevention Act established a national instant criminal background check system which can block a dealer’s gun sale to a convicted felon. Over 200 million background checks have been conducted since 1998. About .06 percent (120,000) of these background checks result in a block of the dealer’s sale. A less well-known provision of the Brady Bill empowers state courts to order the relinquishment of firearms in cases of sexual abuse, domestic abuse, stalking, or conduct which places an intimate partner or family member “in reasonable fear of bodily injury.”

Since 2013, Colorado has been one of 17 states which allow a court to enter a Brady-type order for the relinquishment of firearms or ammunition. After proof, by a preponderance of evidence, a history of abuse, domestic violence, or threatened physical harm, directed at an intimate partner, family member or former spouse, a Court, may order firearms relinquishment under our Civil Protection Order (CPO) law, CRS 13-14-101, et seq.

I have represented victims in CPO cases both privately and pro bono. CPO cases can become very complicated, very quickly. To meet the victim’s burden of proof may require medical or mental health testimony, information from a firearms expert, and/or the detailed research of hunting licenses, police reports, and transcripts from prior court proceedings.

When drafting the Parrish Act, Colorado lawmakers were working with the context of the Second Amendment, Heller, the Brady Act, and Colorado’s existing CPO statute. Parrish broadens the scope of inquiry concerning the risk – from an identified victim – to the public at large. It provides strict criteria upon which to make a finding that a gun-owner is a credible threat, for the admission of evidence, notice of hearing, and requires detailed findings to support any relinquishment order. The Parrish Act maintains appropriate constitutional safeguards against unlawful seizure of firearms.

Gun right absolutism ignores our tragic experiences. Doctrinaire logic must be tempered by practical wisdom. The Second Amendment is not a “suicide pact.” Colorado’s new ERPO statute may save lives. We can recognize and uphold the right to bear arms while also upholding everyone’s right to safety.

With 40 years of practice under his belt, Jim Chalat is a senior partner at Chalat Hatten & Banker PC. He represents personal injury victims, families who have suffered from wrongful death cases and handles complex litigation involving car and truck accidents, ski cases, and malpractice cases.

Headline Image: UNSPLASH.COM/JORDAN WHITT

Related Articles

Connecticut's Best Lawyers 2022


by Best Lawyers

Our Connecticut's Best Lawyers 2022 publication features top-ranked legal talent in Hartford, New Haven, New London and Stamford.

Connecticut's Best Lawyers 2022

Traversing the Immigration Frontier


by Best Lawyers

Brian Graham Interview LOTY

Michael Baughman, Pennsylvania’s 2018 Lawyer of the Year in Media Law


by Abigail Rowe

An interview with Michael Baughman, who was recognized with the 2018 "Lawyer of the Year" award in media law.

Michael Baughman, Pennsylvania’s 2018 Lawyer

Families of Las Vegas Shooting Victims May Struggle With Inevitable Wrongful Death Lawsuits


by Richard Morse

It is easy to buy guns and hard to hold anyone other than the user accountable.

Las Vegas Shooting

Trending Articles

2025 Best Lawyers Awards Announced: Honoring Outstanding Legal Professionals Across the U.S.


by Jennifer Verta

Introducing the 31st edition of The Best Lawyers in America and the fifth edition of Best Lawyers: Ones to Watch in America.

Digital map of the United States illuminated by numerous bright lights

Unveiling the 2025 Best Lawyers Awards Canada: Celebrating Legal Excellence


by Jennifer Verta

Presenting the 19th edition of The Best Lawyers in Canada and the 4th edition of Best Lawyers: Ones to Watch in Canada.

Digital map of Canadathis on illuminated by numerous bright lights

Legal Distinction on Display: 15th Edition of The Best Lawyers in France™


by Best Lawyers

The industry’s best lawyers and firms working in France are revealed in the newly released, comprehensive the 15th Edition of The Best Lawyers in France™.

French flag in front of country's outline

Announcing the 13th Edition of Best Lawyers Rankings in the United Kingdom


by Best Lawyers

Best Lawyers is proud to announce the newest edition of legal rankings in the United Kingdom, marking the 13th consecutive edition of awards in the country.

British flag in front of country's outline

Announcing the 16th Edition of the Best Lawyers in Germany Rankings


by Best Lawyers

Best Lawyers announces the 16th edition of The Best Lawyers in Germany™, featuring a unique set of rankings that highlights Germany's top legal talent.

German flag in front of country's outline

Prop 36 California 2024: California’s Path to Stricter Sentencing and Criminal Justice Reform


by Jennifer Verta

Explore how Prop 36 could shape California's sentencing laws and justice reform.

Illustrated Hands Breaking Chains Against a Bright Red Background

Celebrating Excellence in Law: 11th Edition of Best Lawyers in Italy™


by Best Lawyers

Best Lawyers announces the 11th edition of The Best Lawyers in Italy™, which features an elite list of awards showcasing Italy's current legal talent.

Italian flag in front of country's outline

Combating Nuclear Verdicts: Empirically Supported Strategies to Deflate the Effects of Anchoring Bias


by Sloan L. Abernathy

Sometimes a verdict can be the difference between amicability and nuclear level developments. But what is anchoring bias and how can strategy combat this?

Lawyer speaking in courtroom with crowd and judge in the foreground

Things to Do Before a Car Accident Happens to You


by Ellie Shaffer

In a car accident, certain things are beyond the point of no return, while some are well within an individual's control. Here's how to stay legally prepared.

Car dashcam recording street ahead

The Push and Pitfalls of New York’s Attempt to Expand Wrongful Death Recovery


by Elizabeth M. Midgley and V. Christopher Potenza

The New York State Legislature recently went about updating certain wrongful death provisions and how they can be carried out in the future. Here's the latest.

Red tape blocking off a section of street

Tampa Appeals Court ‘Sends Clear Message,” Ensuring School Tax Referendum Stays on Ballot


by Gregory Sirico

Hillsborough County's tax referendum is back on the 2024 ballot, promising $177 million for schools and empowering residents to decide the future of education.

Graduation cap in air surrounded by pencils and money

Find the Best Lawyers for Your Needs


by Jennifer Verta

Discover how Best Lawyers simplifies the attorney search process.

A focused woman with dark hair wearing a green top and beige blazer, working on a tablet in a dimly

Key Developments and Trends in U.S. Commercial Litigation


by Justin Smulison

Whether it's multibillion-dollar water cleanliness verdicts or college athletes vying for the right to compensation, the state of litigation remains strong.

Basketball sits in front of stacks of money

Is Premises Liability the Same as Negligence?


by Jeremy Wilson and Taylor Rodney Marks

In today's age, we are always on the move, often inhabiting spaces we don't own. But what happens when someone else's property injures you or someone you know?

A pair of silhouetted legs falling down a hole with yellow background

Woman on a Mission


by Rebecca Blackwell

Baker Botts partner and intellectual property chair Christa Brown-Sanford discusses how she juggles work, personal life, being a mentor and leadership duties.

Woman in green dress crossing her arms and posing for headshot

Best Lawyers Celebrates Women in the Law: Ninth Edition


by Alliccia Odeyemi

Released in both print and digital form, Best Lawyers Ninth Edition of Women in the Law features stories of inspiring leadership and timely legal issues.

Lawyer in green dress stands with hands on table and cityscape in background