The Colorado Senate approved an expansion of the state’s red flag law on March 5, 2024, advancing the proposal to the House for further deliberation. Senate Bill 4 builds on the existing 2019 extreme risk protection orders law, which allows certain individuals to petition the courts for temporary firearm surrender from individuals deemed a risk to themselves or others. Under this bill, the list of petitioners would widen to include behavioral health professionals who collaborate with police during emergencies, as well as representatives from health care and educational institutions.
The Senate endorsed the measure with a near-party-line vote of 20-13. Notably, only one Democrat, Sen. Nick Hinrichsen from Pueblo, opposed the bill. Democrats hold a significant majority in both chambers of the Colorado legislature, with a nearly 2-to-1 ratio.
Sen. Julie Gonzales, a Democrat from Denver who supported the legislation, remarked, “Extreme risk protection orders save lives. Red flag laws prevent harm.” She emphasized that the bill is a critical step towards addressing the public health crisis posed by gun violence in Colorado.
Opposition from Republican lawmakers highlighted concerns about potential infringements on Second Amendment rights and due process. Sen. Lynda Zamora Wilson, an Air Force veteran and Republican from El Paso County, expressed worries that the bill could deter gun owners from seeking mental health assistance. She stated, “If the bill becomes law, it will inflict unnecessary harm on innocent citizens, waste taxpayer dollars and strain trust in our institutions.”
In response to these criticisms, Sen. Tom Sullivan, a Democrat and sponsor of the bill, accused opponents of exaggerating fears regarding gun rights. He referenced the original red flag law, which has been in effect for six years, noting the evidence collected during this time shows that it has not led to widespread confiscation of firearms. According to data from the state, there have been nearly 700 requests for extreme risk protection orders, with 478 petitions granted either temporarily or long-term.
“You don’t have to imagine what the policy will do. This legislation has been in effect for six years,” Sullivan stated. He highlighted that constituents in his community are urging lawmakers to take further action to mitigate gun violence.
As the proposal heads to the House, the discussions surrounding its implications for public safety and individual rights are set to continue. The outcome of this legislation could have significant ramifications for how Colorado addresses issues of gun violence and mental health in the future.
