From their e-mail:
Red Flag ERPO’s Start Now – Here’s What You Need To Know:
On January 1, 2020 Colorado’s Red Flag Extreme Risk Protection Orders ERPO law officially went into effect. This means Red Flag ERPO petitions will start making their way into the courts and orders will be coming out, landing in the hands of law enforcement who will then be responsible for serving them and confiscating firearms – or not.
There is a lot to learn about this downright dangerous and unconstitutional law. Rally for our Rights has teamed up with civil rights activists and legal experts to bring you The Red Flag Resource Center (www.redflagresourcecenter.com). It has all the information you could need about the law, what to do if you’re Red Flagged, attorney resources, and more.
We will also be tracking ERPO’s and providing transparency to the public. As part of the transparency effort, many different components of granted ERPO’s will be tracked. This includes who is petitioning the court, which judges are granting them, what the accusations are, if and when evidence is required, how many and how often civil search warrants are issued, if and when firearms are returned, and more.
If you hear of someone who has been Red Flagged, you’re Red Flagged yourself, or you know someone who has been, the Red Flag Resource Center wants to know. All personal information will be kept private. This will also be critical to launching a constitutional lawsuit against the law itself. Plaintiffs will be needed and because of how poorly written this law is, it will undoubtedly be used maliciously. This is not okay and a legal challenge will be the crucial next step.
Here’s what you need to know if you are Red Flagged:
- Red Flag orders are now called Extreme Risk Protection Orders or ERPO’s. They are the same thing. You can read through the official ERPO petition here.
- These are civil cases, not criminal. You have not been charged with a crime.
- Law enforcement will come to your home or place of employment to serve the order.
- If you are being served with an ERPO, the first court hearing has already taken place without you. This hearing included the petitioner and a judge. The judge granted it based on the accusations provided by the petitioner.
- The law enforcement agency who will serve the order and seize the firearms will be your local municipal agency if you reside inside city limits, or your sheriffs office if in unincorporated county.
- They will have a TEMPORARY Red Flag ERPO order. This order will have a future court date where the ERPO will either be made permanent or will be dismissed. This court date must be within 14 days of the initial hearing, but it can be less.
- They may or may not have a search warrant.
- Law enforcement may assess you for a mental health hold.
- They may or may not request to take your firearms and/or CCW permit.
- If they do not have a search warrant, and do not request to take your firearms, they will provide instructions as to how you can surrender them yourself. Law enforcement agencies are supposed to provide storage but many have said they will not store firearms and/or do not have the space to store firearms.
- If you do not surrender your firearms, it is a Class 2 misdemeanor.
- When the temporary order is granted, you are put into the NICS and CBI databases as a prohibited person.
- You will have two full court days to file an Affidavit of Compliance stating you have properly surrendered your firearms. If you do not file this, a search warrant may be issued if one was not issued at the temporary hearing.
- You can obtain a transcript of the temporary orders hearing and YOU WILL NEED THIS. Request this from the court.
- You can retain private legal counsel, represent yourself, or request an attorney through the court. If you obtain one through the court, it is not a public defender, but pulled from a pool of attorneys who have submitted their names to the court to represent ERPO cases. They are paid by the court. For a list of private attorneys who are educated on the ERPO law and we recommend, click here.
You can find all the court forms related to ERPO’s here.
REMEMBER: If you or someone you know is Red Flagged, the Red Flag Resource Center wants to know.
The 2020 Colorado legislative session begins January 8th! Rally for our Rights will be there, ready to relay important information to YOU and start breaking down the gun control legislation that will be introduced so we can demand the gun-grabbers under the golden dome leave our rights alone!
Just as we did in 2019, we’ll be digging deep into the arguments for and against the proposed legislation with facts and data, as well as deliver that to the public in an easy to understand format with clear action items that can be taken to stop feel good, knee jerk, virtue signaling bills that do nothing to make our communities safer while infringing on our rights.
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Reprinted by permission from Lesley Hollywood, the Red Flag Resource Center and Rally for our Rights (obtained January 3, 2020)