With the overabundance of media coverage surrounding gun violence and shootings, Colorado's lawmakers have passed a new law that could place your second amendment rights in jeopardy. The new Red Flag Law (also known as Petition for Extreme Risk Protection Order) is active in Denver, Aurora, and Lakewood as of January 1st, 2020. Firearm possession in Colorado is now threatened by the simple gesture of someone close to you or law enforcement filing a petition. If you have questions about this new law or find yourself in the midst of a battle to protect your gun rights, contact a particularly skilled red flag law attorney right away.
Things to Know About the Red Flag Law in Denver
C.R.S. 13-14.5-104(3) addresses the specific requirements of the petition for extreme risk protection order. It requires that someone alleging that another person is unfit to possess a firearm provide the court specific statements, actions, or facts in support of their claim. Alarmingly, this means a family member or someone else close to you could purposefully attack your firearms rights. This could be done out of revenge or other personal vendetta. The terms ‘family member' or ‘household member' are often too broad. They open up a plethora of possibilities for manufactured accusations of being unfit to carry or own a gun.
Additionally, many suggest the new red flag law infringes on due process. It appears that a great deal of the accuser's claims will be presented in court. However, very little opportunity for the accused to defend their rights exists. This is where consulting a strategic red flag law attorney is especially crucial. We genuinely care about your constitutional rights. We will work tirelessly to defend them against this new ploy to prohibit your ability to protect yourself.
Hearings and Temporary Orders in Denver | Why You Need a Pro-Gun Lawyer
After a petitioner files for an extreme risk protection order, a hearing takes place without you being present. The judge will examine the case and determine if a considerable risk exists. If the judge determines that a risk exists, the law allows for temporary extreme risk protection orders. These require immediate surrender of your firearm. The orders remain in place until a hearing. Both the petitioner (accuser) and respondent (defendant) may be present to make their case.
Don't face this hearing alone. Hire Denver's best firearms rights and crimes attorneys to fight for you and your rights. This hearing will determine whether Colorado will be able to make the temporary order permanent. In cases where the judge does enter the permanent red flag order, the next step will be the loss of your firearms until the order is modified, cancelled, or terminated by the judge. At minimum, this will last for a just a few days short of one year.
Denver Red Flag Law Attorney
The new red flag law is yet another legislative act meant to prohibit our rights of firearm ownership and possession in Colorado. At O'Malley and Sawyer, LLC, we have decades of experience representing clients whose gun rights are being threatened by the government. Perhaps you're facing false claims from a family member who doesn't want you to have a gun. Or maybe law enforcement is yet again overstepping their boundaries into your life. Nevertheless, contact our office for a free consultation. We will carefully analyze your red flag case, as well as suggest next steps in protecting your constitutional right to possess a firearm.
So, if you or someone you know is at risk of losing their firearm due to the red flag law, be smart. Contact the skilled defense attorneys at O'Malley and Sawyer, LLC at 303-830-0880. Together, we can protect your future.
Photo by Somchai Kongkamsri