CO HB1098

Creates a civil cause of action for individuals who suffer injury or damages from being unable to use a firearm for self-defense as a result of temporary or ongoing extreme risk protection orders issued under Article 14.5 of Title 13, Colorado Revised Statutes.

Allows civil action against any person who drafted, proposed, promoted, or provided financial or other support to pass, implement, or enforce House Bill 19-1177 (the extreme risk protection order law).

Entitles prevailing plaintiffs to reasonable attorney fees and either compensatory damages for physical, psychological, or emotional injuries including post-traumatic stress disorder, or liquidated damages of at least $100,000 up to $100 million if death or disability occurs.

Includes legislative findings declaring that extreme risk protection orders create a "victimless crime" and violate the Second, Fifth, Sixth, Seventh, and Ninth Amendments to the U.S. Constitution.

Takes effect 90 days after final adjournment of the general assembly, but is subject to referendum petition; if petitioned, requires voter approval at the November 2022 general election to take effect.