Red flag laws are still enforced in Colorado’s Second Amendment sanctuaries, although less frequently

In the three years beginning in 2021, 353 petitions were filed Colorado’s red flag lawAccording to them, 39% of these petitions led to people giving up firearms research from our group published in Preventive Medicine Reports.

Red flag laws are also known as extreme risk protection orders. These orders temporarily prohibit people deemed by a judge to be at risk of violence from purchasing or possessing firearms.

We found that 54.6% of petitions in Colorado were filed by law enforcement. These petitions were granted in 94.3% of cases.

Petitions submitted by people outside law enforcement were granted in only 35% of cases.

If petitions of either type are not granted, interested persons may retain their firearms.

Thirty-seven percent all Colorado petitions 2020-2022 have been submitted counties that issued proclamations against red flag lawscalling themselves “Second Amendment sanctuaries.”

The Second Amendment’s sanctuary designation is based on the term “sanctuary cities” used by: local authorities oppose immigration enforcement.

These declarations are intended to send a political signal against extreme risk protection orders. Supporters of the declaration express concerns that the provisions violate the U.S. Constitution, undermine due process and undermine residents’ ability to defend themselves. However, anecdotal evidence highlights cases in which protection orders were sought and granted at many of the 37 sanctuaries. Our study provides data to support these anecdotes.

In Colorado, fewer petitions are heard in sanctuaries, likely because the percentage of warrants filed by police is much lower. However, red flag laws still apply – with some noticeable differences.

Petitions filed and granted in sanctuary jurisdictions are more serious than those filed in non-sanctuary jurisdictions. Nearly 1 in 5 victims shot and threatened to kill at least three other people in addition to themselves. More than 90% included threats to shoot specific people, such as family members, partners or law enforcement officers.

In many of these cases, the sense of danger increased because the person was reportedly hallucinating, had contact with the police, or was abusing drugs or alcohol.

Considering that 60% of gun deaths are suicides, it is surprising that only 8% of petitions contained only threats of self-harm.

Why it matters

Although red flag laws show promise as a way to prevent gun suicides and other forms of violence in 21 states and DC where it applies, at least 1200 Jurisdictions across the United States have made policy statements against their use.

When Colorado passed Violence Prevention Act Deputy Zackari Parrish in 2018, it immediately sparked controversy. The law entered into force on January 1, 2020. Initially, it allowed only certain people to submit applications: law enforcement officers and the defendant’s relatives, roommates and co-parents. In 2023, it was expanded to allow health care and behavioral health professionals, educators and district attorneys to submit petitions.

How we did our job

Our group on University of Colorado Firearm Injury Prevention Initiative collects petitions and court documents associated with every extreme risk petition filed in Colorado since they became available.

This allowed us describe the types of cases where the risk of violence was deemed so serious that applications were made. The law is not clear, so this threshold was unclear, leaving judges with a lot of discretion. Our data helps determine when a petition is likely to be submitted and when it is likely to be approved.

We were also able to compare the use of extreme risk petitions in sanctuary counties with their use in other counties.

What is still unknown

The use of extreme risk petitions in counties where they are politically unpopular raises further questions. For example, do judges in sanctuary districts set a higher bar for granting petitions than in other jurisdictions? Does sanctuary designation discourage law enforcement from filing petitions, even if they are valid?