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8 Red Flag petitions filed in El Paso County, each one has been denied by courts

092020 ERPO DENIED

COLORADO SPRINGS, Colo. (KRDO) -- A total of eight Red Flag petitions have been filed in El Paso County since the controversial bill was passed in Colorado nine months ago, but every single one has been denied.

The bill allows families to file an Extreme Risk Protection Order to have law enforcement remove the firearms of a relative who is deemed to be at extreme risk of harming themselves or others. Before that can happen, the petition must be approved by a judge.

Chief Judge Will Bain with the 4th Judicial District has denied three of the eight petitions filed in El Paso County. He says the reason why these are being denied is that the legislature created very strict standards judges have to consider when looking over the petitions.

“They set the bar very high for the granting of these orders," Judge Bain said. “They are really for the most extreme situations hence, the word extreme in the legislation itself. So out of the eight, there has not been an allegation that has met the legal standard set by the legislation."

KRDO obtained those eight petitions to see exactly why they were denied.

Out of the eight, two were denied for being filed in the wrong county. Another was denied after the petitioner said she meant to file for something other than an ERPO. Two others were denied because they didn't mention a gun or firearm anywhere in the petition, which Judge Bain says is a key component that separates these orders from Emergency Protection Orders.

“The difference here is it has to involve a firearm and it has to involve either a family member or a household member," Bain says.

Now two other petitions did mention firearms and the person felt threatened by who owned them, but they were still denied. Bain said that there has to be more than a general concern.

"If what people are saying is simply I think this person is dangerous and they have a gun, that doesn’t meet the level required by the legislature,” he said.

The remaining petition was also denied, but there was no explanation given by the judge.

Colorado Springs / Crime / Local News / Politics / State & Regional News

Chase Golightly

Chase is a reporter and an anchor for our weekend evening newscasts. Learn more about Chase here.

Comments

8 Comments

  1. “8 Red Flag petitions filed in El Paso County, each one has been denied by courts”
    .
    So much for all of the prediction by guns advocates.
    .
    I’m curious to see if any of these rejected cases end up as situations where a petitioner dies at the hands of the person named in the lawsuit as a threat.

    1. I am sure if anyone had died because of the denials, they would have been mentioned in the article.

  2. “So much for all of the prediction by guns advocates.”
    Considering the current events, you seriously still think 2nd amendment restrictions are not a concern?

    I would say the “clock is still running” on someone unjustly having their firearms taken away.

  3. From what I read they [petitions were nothing specific. They are very generic and just state they think someone could be harmed. Nothing of actual threats or confrontations. They seem like they just want to get at someone and make their life harder.
    It will be very hard for a judge to agree to anyone of these as it has to be very extreme. The law is so thin legal wise to enforce. The judge stands to be liable if he isn’t 300% sure and confident this would stop a eminent threat.

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