COLORADO — Colorado first passed its "Red Flag Law" in 2019. It allows family members and household members as well as law enforcement agencies to petition a judge to have someone's guns removed from them if they are deemed a risk to themselves or others.
The bill was first introduced in 2018, but it failed in a divided legislature where Democrats controlled the House and Republicans controlled the Senate.
In 2019, numerous counties, including El Paso County, declared the counties to be "2nd Amendment Sanctuary Counties" or in El Paso County's case a "2nd Amendment Preservation County" meaning it would not enforce the Red Flag law.
After the shooting at Club Q in 2022, criticism drew over whether or not law enforcement in El Paso County did enough after a 2021 arrest involving the gunman, Anderson Lee Aldrich. Community members argued the sheriff's office should have placed Aldrich under the Extreme Risk Protection Order (ERPO) which would have banned Aldrich from possessing or obtaining any guns for 364 days.
In a news conference after the 2022 shooting, District Attorney Michael Allen said Aldrich was under a Mandatory Protection Order (MPO) while he faced charges over a 2021 incident. The case did not make it to trial after Allen said witnesses failed to cooperate. The MPO prevented Aldrich from owning any guns. The El Paso County Sheriff's Office said the Aldrich requested to have his guns returned to him after the charges were dropped, the sheriff's office said it denied that request.
The state has two types of extreme risk protection orders, one of which is temporary and is used while someone is awaiting an ERPO hearing which is up to 14 days. More temporary orders had been granted statewide as of Oct. 2023 than the full extreme risk protection order.
As of October 2023, more than 530 petitions had been filed across Colorado under the state's "Red Flag Law", 70 of those petitions were filed in El Paso County, only 17 of which were ultimately granted by a judge, all were temporary orders, nine of the petitions were filed by law enforcement agencies.
In 2023, state lawmakers expanded the eligible community members to file extreme risk protection orders to include District Attorneys, Educators, and healthcare workers, including mental health professionals.
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Military Families Concerned As TRICARE To End Services With Children's Hospital Colorado
In the new year, military families covered by TRICARE insurance will need prior authorization for non-emergency services at Children's Hospital Colorado (Children's Colorado).
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