DENVER, Colo. — Colorado’s red flag law, known officially as the Deputy Zackari Parrish Violence Prevention Act, has resulted in 39% of petitions leading to firearm relinquishments since its implementation in 2020. This law permits certain individuals, including law enforcement and family members, to seek extreme risk protection orders (ERPOs) against those judged to be a danger to themselves or others.
Introduced in response to growing concerns about gun violence and mental health crises, the law has seen significant use over the past three years, according to a study published in Preventive Medicine Reports. From 2021 to 2023, law enforcement initiated 54.6% of the 353 petitions filed, with a 94.3% success rate in court. However, petitions filed by private citizens were successful only 35% of the time.
ERPOs, or red flag laws, serve as temporary measures to prevent individuals assessed as high-risk from purchasing or possessing firearms. Notably, if a petition is denied, the individual retains the right to their firearms.
The study also highlighted a controversial aspect of the implementation: 37% of all ERPO petitions were filed in counties that declared themselves “Second Amendment sanctuaries.” These counties, adopting terminology akin to “sanctuary cities” that resist federal immigration enforcement, have expressed opposition to ERPOs, citing concerns over constitutional rights and due process.
Despite these declarations, data from the University of Colorado School of Medicine’s Firearm Injury Prevention Initiative, which gathered and analyzed every petition filed, suggest that ERPOs are utilized even within these sanctuaries—often under more severe circumstances. Nearly one in five petitions in such counties involved threats of mass harm, and the majority featured specific threats against identifiable individuals.
This variance seems linked to the lower rate of police-initiated petitions in sanctuary counties, potentially because of the political climate. Across the state, opposition remains as some argue these laws infringe on individual rights and discourage law enforcement from taking necessary protective actions.
Furthermore, the law underwent an expansion in 2023, allowing healthcare professionals, educators, and district attorneys to also file petitions. This change aims to address gaps in mental health crises intervention, particularly noteworthy given that 60% of firearm deaths nationally are suicides, yet only a small fraction of Colorado’s ERPOs focused solely on self-harm.
The initial law was named after Deputy Zackari Parrish, whose tragic killing led to its creation. Since its inception, the law’s effectiveness and ethical implications have sparked intense debate and legal scrutiny across the state and beyond.
As local and national attention continues to focus on the balancing act between civil liberties and public safety, the ongoing study and discourse around Colorado’s ERPOs provide valuable insights into the complex dynamics at play in the realm of firearm violence prevention.
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