Gov. Polis signs measure expanding state’s red flag law, adding hospitals, schools to list of petitioners

COLORADO (KRDO) – Gov. Jared Polis has signed a bill expanding Colorado’s red flag law, allowing more people and institutions to intervene and petition to remove someone's firearms when they show signs of becoming a danger.

The measure, Senate Bill 26-004, allows healthcare facilities, behavioral treatment facilities, K-12 schools, and higher education institutions to petition a court for an Extreme Risk Protection Order (ERPO) to temporarily remove firearms from individuals deemed a risk to themselves or others.

Under the state's original red flag law, only a limited group – including law enforcement, family members, and some licensed professionals – could request an ERPO. The new law, signed by Polis on April 6, broadens that list to include co-responders and the institutions that employ them.

Sponsors of the bill say the change will help intervene earlier in potentially dangerous situations, especially when individuals are in crisis and already interacting with health care providers or school officials.

"In Colorado, our ‘Red Flag’ law has already helped prevent gun violence, but we can strengthen it to give more people the opportunity to save lives," Sen. Tom Sullivan (D-Centennial), one of the sponsors of the bill, said. "Adding health care and education facilities to the list of qualified petitioners for an ERPO helps ensure that trusted community members are able to reach those who are a danger to themselves or others sooner and stop more violence before it occurs."

“Co-responders often have the most direct contact and information about someone who is experiencing a crisis, and allowing them to file an ERPO petition means that the judicial system can make a more informed decision to remove access to firearms from an individual in crisis," Rep. Jenny Willford (D-Northglenn) said.

Colorado first passed its red flag law in 2019, allowing courts to temporarily restrict firearm access in an effort to prevent gun violence before it occurs. In 2023, lawmakers expanded the policy to include DAs, other law enforcement officials and mental health professionals.

According to the most recent data available from the state, 164 ERPO petitions were filed in Colorado in 2024.

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