First extreme risk protection order filed and denied in El Paso County
COLORADO SPRINGS, Colo. (KRDO) -- The first Extreme Risk Protection Order was filed in an El Paso County Court on March 30.
A family member claims one of their relatives is posting "Facebook rants and threats to various family members."
KRDO is choosing not to identify the parties in this case.
The petitioner claims she contacted Colorado Springs Police with concern for the respondent in June and July of 2019.
The respondent, in this case, is accused of making, "veiled threats on Facebook and posing with weapons and guns in his possession," and "specifically named family members and acquaintances on Facebook whom he wishes harm and destruction."
The order was denied by District Court Judge Willian Bain on March 31, 2020, citing the petition, "does not meet the standard required by the statute. It is not 'specific' enough to allege that there have been 'Facebook rants and threats to various family members.'"
The Extreme Risk Protection Act, also known as the Red Flag law, was signed into law by Governor Jared Polis in March 2019. It allows relatives, law enforcement, and various other qualifying individuals to file a court order and request someone's firearms be removed if they pose a threat to themselves or someone else.
In this case, the relative who wanted firearms taken away lived in another state. The testimony in the order's affidavit was sworn and sealed through a Butts County, Georgia Court.
The respondent's attorney spoke to KRDO saying the court was diligent in its choice not to approve the order.
"The court reviews these documents very very carefully because what they are doing is limiting someone's constitutional rights, the constitutional right to have a firearm and before the court is going to do that, every I needs to be dotted and every T crossed and in this case, it didn't have it and as a result, my client's gun right were preserved," said Jeremy Loew, defense attorney.
The law came with controversy after it was passed because several law enforcement agencies across Colorado were hesitant to enforce it.
In El Paso County, Sheriff Bill Elder worries about violating a person's constitutional rights.
Most recently he said, "then the respondent decides how do I want to dispose of my firearm, if they say, 'I want to transfer it legally to a federal firearms holder,' they're allowed to do it. If they want us to store it, we'll store it. There's a difference between seizure and losing control of the firearm. Absent that, absent it being in plain view, we are not going to conduct a search, miss it or otherwise."
