§ 13-14.5-110 — Reporting of extreme risk protection orders

Colorado § 13-14.5-110

• Jurisdiction: Colorado
• Title 13: Courts
• Art.: Extreme Risk Protection Orders

Text

(1) The court clerk
shall enter any extreme risk protection order or temporary extreme risk protection
order issued pursuant to this article 14.5 into a statewide judicial information
system on the same day the order is issued.

(2) The court clerk shall forward a copy of an extreme risk protection order
or temporary extreme risk protection order issued pursuant to this article 14.5 the
same day the order is issued to the Colorado bureau of investigation and the law
enforcement agency specified in the order. Upon receipt of the copy of the order,
the Colorado bureau of investigation shall enter the order into the national instant
criminal background check system, any other federal or state computer-based
systems used by law enforcement agencies or others to identify prohibited
purchasers of firearms, and any computer-based criminal intelligence information
system available in this state used by law enforcement agencies. The order must
remain in each system for the period stated in the order, and the law enforcement
agency shall only expunge orders from the systems that have expired or terminated
and shall promptly remove the expired or terminated orders. Entry into the
computer-based criminal intelligence information system is notice to all law
enforcement agencies of the existence of the order. The order is fully enforceable
in any county in the state.

(3) The issuing court shall, within three court days after issuance of an
extreme risk protection order or a temporary extreme risk protection order, forward
all identifying information the court has regarding the respondent, along with the
date the order is issued, to the county sheriff in the jurisdiction where the
respondent resides. Upon receipt of the information, the county sheriff shall
determine if the respondent has a concealed carry permit. If the respondent does
have a concealed carry permit, the issuing county sheriff shall immediately revoke
the permit. The respondent may reapply for a concealed carry permit after the
temporary extreme risk protection order and extreme risk protection order, if
ordered, are no longer in effect.

(4) If an extreme risk protection order is terminated before its expiration
date, the court clerk shall forward, on the same day as the termination order, a copy
of the termination order to the Colorado bureau of investigation and the appropriate
law enforcement agency specified in the termination order. Upon receipt of the
order, the Colorado bureau of investigation and the law enforcement agency shall
promptly remove the order from any computer-based system in which it was
entered pursuant to subsection (2) of this section.

(5) Upon the expiration of a temporary extreme risk protection order or
extreme risk protection order, the Colorado bureau of investigation and the law
enforcement agency specified in the order shall promptly remove the order from
any computer-based system in which it was entered pursuant to subsection (2) of
this section.

(6) An extreme risk protection order does not constitute a finding that a
respondent is a prohibited person pursuant to 18 U.S.C. sec. 922 (d)(4) or (g)(4). This
subsection (6) does not alter a temporary extreme risk protection order or an
extreme risk protection order, and a respondent subject to a temporary extreme
risk protection order or an extreme risk protection order is prohibited from
possessing a firearm under state law. This subsection (6) does not change the duty
to enter a temporary extreme risk protection order or extreme risk protection order
into the appropriate databases pursuant to this section.

Legislative History

Source: L. 2023: Entire article R&RE, (SB 23-170), ch. 124, p. 477, � 1, effective April 28.