Colorado School of Public Health

Impact of Colorado's Red Flag Laws on Communities and Law Enforcement

Written by Noelle Musgrave | August 28, 2024

Researchers from the Injury & Violence Prevention Center and the Firearm Injury Prevention Initiative at the University of Colorado Anschutz Medical Campus are conducting a critical analysis of Colorado's Extreme Risk Protection Orders (ERPOs). These "red flag" laws, which allow the temporary removal of firearms from individuals considered a threat to themselves or others, have been in effect since 2020.

This work aims to uncover how ERPO policies influence communities across the state, focusing on varying levels of awareness, use, and perceptions of the law, including Colorado's law enforcement officers.

Understanding Extreme Risk Protection Orders

  • ERPOs, sometimes referred to as "red flag" laws, are civil restraining orders designed to prevent potential violence by temporarily removing firearms from those who are at risk of harming themselves or others.

  • Implemented in Colorado on January 1, 2020, following the passage of HB19-117.

  • Updated on April 28, 2023, following the passage of SB23-170, which expanded the list of who can file an ERPO, including medical professionals, educators, and district attorneys.

 

A recent study published in Preventative Medicine Reports, "Implementation of Extreme Risk Protection Orders in Colorado from 2020 to 2022: Firearm Relinquishment and Return and Petitioner Characteristics," assessed ERPOs' impact on individuals and communities.

The study examined how ERPOs are used and implemented, emphasizing areas where data is lacking. Specifically, it examined how ERPOs intersect with the criminal justice system, the processes involved in firearm relinquishment, and the challenges surrounding the return of firearms once the risk has passed.

Christopher Knoepke, PhD, MSW

Research Faculty Member Injury and Violence Prevention Center

 

Christopher Knoepke, PhD, MSW, is an assistant research professor at the CU School of Medicine and member of the Injury and Violence Prevention Center. He also serves as the law enforcement lead for the Firearm Injury Prevention Initiative. Knoepke is leading efforts to evaluate the effectiveness of ERPOs across Colorado to better understand their role in preventing future acts of violence.

The study found that many cases lack detailed documentation regarding the type of firearms removed, where they are stored, and how they are returned once an order expires. These findings show the need for better documentation practices that accurately track firearms, clearly assign responsibility and specify storage locations. Without such records, assessing the long-term impact of ERPOs and guaranteeing their fair and consistent application across cases becomes challenging.

The findings emphasized the importance of keeping thorough records of firearm relinquishment. The lack of documentation makes it difficult to assess the law's long-term effectiveness, which has implications for the fair and effective use of ERPOs. 

Addressing these documentation gaps for firearm relinquishment can improve public trust in ERPOs and ensure they effectively reduce violence and injury. This requires careful enhancements and clear guidance to establish public trust.

Collaborating with Law Enforcement

Building on these findings, Knoepke and his team are now focusing on the role of law enforcement in the ERPO process and understanding their perspectives. They are working on a collaborative project with the Colorado Attorney General's Office and law enforcement agencies throughout Colorado to conduct a comprehensive survey among Colorado law enforcement officers. This survey will gather their perceptions, training needs, and limitations of implementing ERPOs.

The Community Epidemiology & Program Evaluation Group at the Colorado School of Public Health is partnering on this project, leveraging the specialized focus of survey evaluation and data collection on behaviors and attitudes, making it a valuable partner in this initiative.

This project also involves the Colorado Firearm Injury Prevention Survey (COFIPS), which seeks to gather detailed input from officers on their beliefs, experiences, and training needs related to ERPOs and secure storage laws. A key objective of this initiative is to empower law enforcement to effectively implement these laws, ultimately working towards reducing firearm-related violence and injuries in Colorado.

This survey data will be crucial in developing educational resources, training materials, and training programs for law enforcement officers. These resources will be created in partnership with the Colorado Peace Officer Standards and Training (POST) credentialing office, which supports the program's survey outreach efforts across the state.

Knoepke explained, “The police file the majority of ERPOs and are responsible for serving all granted ERPOs. However, we don’t know much about their opinions or what they need to implement them effectively. The goal of this project is to include the voice of officers themselves in the ERPO process.”

Restoring civil rights is a key focus, with a clear process for returning firearms to eligible individuals. This approach balances public safety with individual rights, ensuring ERPOs are fair and transparent and building trust in the process.

Law enforcement officers interested in learning more or participating in the survey are encouraged to contact Christopher Knoepke at Christopher.Knoepke@cuanschutz.edu.