Challenge on Red Flag Gun law moves forward by Colorado Court of Appeals

COLORADO SPRINGS, Colo. (KRDO) -- A lawsuit seeking to overturn Colorado's Violence Protection Act, known as the Red Flag Law, is moving forward after an appeals court reversed an earlier dismissal of the suit.

The red flag law allows judges to temporarily remove firearms from people who are thought to be at high risk of harming themselves or others.

Supporters say the law decreases shootings and suicides, but opponents of the law argue it violates second amendment rights.

“There is a better way to go about that, so we sued on the way the law was passed," said Taylor Rhodes, the executive director of the Rocky Mountain Gun Owners. "The way it was passed in Colorado, you have to read a bill at length and it was not granted to either member.”

Rhodes says the District Court, where the suit was originally filed, found it to have no merit. But a Colorado Court of Appeals reversed that ruling on Wednesday, sending it right back to the District Courts.

According to the most recent information from the Colorado Attorney General's Office, the Red Flag law saw fewer than 125 protection petitions filed in its first year.

When those petitions were filed by law enforcement agencies, 85 percent were granted a year-long extreme risk protection order.

For family members or roommates who requested a petition, only 15 percent were granted.

When a judge does sign off on a request, the person deemed a threat has their firearms taken away for a year, even if they request a court hearing to appeal the decision.