HB 18-1436 Summary

• Creates extreme risk protection orders (ERPOs) that family/household members or law enforcement can petition courts to issue against persons posing significant risk to self or others by possessing firearms

• Establishes two-stage process with temporary ERPO issued within one court day (requiring preponderance of evidence) and continuing ERPO lasting 182 days (requiring clear and convincing evidence)

• Requires respondents to surrender all firearms and concealed carry permits either to federally licensed dealers or law enforcement storage; permits one termination request during 182-day period with burden on petitioner to prove continued risk

• Allows ERPOs to be renewed for up to one year and establishes that violations are Class 2 misdemeanors; requires state court administrator to develop standard forms and report statistics on ERPO usage

• Creates search warrant provisions allowing law enforcement to search for and seize firearms from persons subject to ERPOs and establishes procedures for firearm return only after background check confirms eligibility