re: Colorado legislature sends weapons seizure bill to Governor’s desk

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The bill would allow family members and law enforcement to petition to a court to have a person evaluated to see if they are an “extreme risk.” If a judge finds that person does indeed pose such a risk to themselves or others, they could grant the protection order which would allow for that person’s weapons to be confiscated for a period of time. This year’s measure carries differences from last year’s bill, however, which stemmed from discussions with courts and law enforcement, Garnett said. The 2019 measure doubles the amount of time that a judge would have to consider appeals from seven to 14 days, and from 182 days to 364 days for the full extreme risk protection order. The burden of proof for a person deemed an extreme risk would shift to them when trying to get a judge to terminate the order, though the initial burden of proof to get an order granted lies with the person petitioning. A judge has the discretion to allow respondents multiple chances to get the order lifted, and respondents would also be provided legal counsel at the expense of the state -- another change from last year's bill.

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