House Bill 26-019

This bill establishes a civil court process allowing temporary restrictions on firearm possession for individuals determined by a court to pose a significant risk of causing harm to themselves or others. The bill creates an Extreme Risk Protection Order (ERPO) process, commonly referred to as a “red flag law,” intended to provide a preventative tool while maintaining procedural safeguards and judicial oversight.

Under the bill, specified individuals — including law enforcement officers, family or household members, and certain medical or mental health professionals — may petition a court for a temporary order when credible evidence demonstrates an immediate risk of harm. Courts may issue short-term temporary orders upon a finding of probable cause, followed by a required hearing where a final order may be issued only upon clear and convincing evidence.

A final ERPO may remain in effect for up to one year, and respondents are provided an opportunity to request early termination if circumstances change. The bill requires temporary surrender of firearms during the duration of the order and provides for their return once the order expires or is terminated, provided the individual remains legally eligible to possess firearms.

The legislation also includes penalties for knowingly filing false or malicious petitions and establishes confidentiality provisions for court records related to ERPO proceedings.

The purpose of the Act is to provide a narrowly tailored mechanism to prevent violence and self-harm while preserving due process protections and judicial review.