'Red Flag' Gun Seizure Bill Passes Colorado Senate, House

UPDATE: The Colorado House passed HB-1177 Monday, April 1, after approval by the Senate. The bill is now headed to Gov. Jared Polis, who is expected to sign it into law. The measure passed 38-25 in the House, reports say.

DENVER, CO — The Colorado Senate passed HB-1177 on Thursday, March 28, in a win for gun control advocates. If signed into law, the legislation would allow judges to temporarily seize firearms from people who are considered a significant risk to themselves or others.

Named "Extreme Risk Protection Orders," the legislation allows for family members and law enforcement officers to petition a judge to have firearms taken temporarily from an at-risk person. Under penalty of perjury, the petitioner has to sign an affidavit that "sets forth facts to support the issuance" of the protection order.

“This is a significant step for a state that has suffered numerous horrific firearm tragedies,” said Eileen McCarron, president of Colorado Ceasefire Legislative Action.

The legislation got a push after the death of Douglas County Deputy Zackari Parrish III, who was shot dead by Matthew Riehl in 2017 on New Year's Eve. The bill was named in his honor.

See the text of the HB-1177 on the Colorado General Assembly website.

On Monday, the House also passed the bill in a 38-25 vote.

Tony Spurlock, the Douglas County Sheriff, supports the bill. However, it's not without opposition. Douglas County commissioners voted unanimously not to fund the enforcement of laws they deem to violate the Second Amendment, according to CPR.

Sheriff Spurlock is declining interviews on the matter, according to the office's public information officer Sgt. Jeff Miller. "[Spurlock] feels that it is time to move on to other daily issues that face the Douglas County Sheriff’s office and our community," Miller said.

The NRA's Institute of Legislative Action criticizes the bill saying the judge's order to seize firearms is made ex parte, meaning it's a decision made without all parties present.

The Rocky Mountain Gun Owners organization called it a "Gun Confiscation" bill.

Gov. Jared Polis is expected to sign the bill into law, which would take effect on Jan. 1, 2020. It would pull nearly $120,000 from the general fund to the judicial department four court costs associated with the law.

The bill's text says once the petition is filed, the court must hold a hearing that day, or the next court day, to determine whether the order to seize firearms will be executed. Then, within 14 days, a judge will determine whether to return the firearms.

The measure barely passed at 18-17. All 16 Republicans voted against the measure and were joined by Democrat and Senate President Leroy Garcia. According to the Colorado Sun, Garcia offered no amendments to the bill and did not speak during debate.

“I want to continue working with my colleagues to find a Colorado solution,” Garcia said in a statement, according to the Sun.

See more on Patch:

• Body Cam Footage Of Colorado Deputy Killing Released
• Douglas Co. Deputy Death Investigation Complete: New Details

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