- Recall 411
- Get Involved
- Stay Informed
HB 19-1177 – Extreme Risk Protection Order (ERPO) or “Red Flag”
This unconstitutional law allows for anyone with whom you’ve shared a residence to file a complaint to law enforcement claiming that “you’re a danger to yourself or others”. Very few “facts” and little “evidence” is required for law enforcement officials to show up at your door, and confiscate your firearms without a warrant and without due process. This is a blatant violation of your 2nd Amendment, 4th Amendment and possibly even your 5th Amendment rights. You will not have the opportunity to face your accuser inside of a full year, and you will have to fight to regain possession of your firearms.
What this means for constituents: The broad definition of family member includes non-family members, such as ex-spouses, ex-girlfriends and boyfriends as well as former roommates. Police can also make a report, which makes it ripe for abuse of power since they can use such a report to get a search warrant to search for guns. If they are searching for guns, they may find other things that could implement you in a crime. This is a work around the 4th Amendment to be free from unreasonable searches and seizures. Additionally, your right not to incriminate yourself (5th amendment) will likely prohibit you from getting your fire arms back since you will essentially have to prove that you are not a threat.
Unfortunately, the government will take the guns first and then give you due process, or so they say. It isn’t clear from the bill what evidence will be required to confiscate your guns, which is very concerning. Also, this is likely the first step in a gun registry. Once they have your firearms, they will catalog and record what you have in your possession.