Over a three-year period beginning in 2021, 353 petitions were filed under , and 39% of those petitions led to firearms being relinquished, according to .
Red flag laws are also known as . These orders temporarily bar individuals deemed by a judge to be at risk of violence from buying or possessing firearms.
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We found that 54.6% of petitions across Colorado were filed by law enforcement. These petitions were granted 94.3% of the time.
Petitions filed by people outside of law enforcement were granted just 35% of the time.
When the petitions of either type are not granted, the individuals involved are allowed to keep their firearms.
Thirty-seven percent of were filed in , calling themselves 鈥淪econd Amendment sanctuaries.鈥�
The name Second Amendment sanctuaries is modeled after the term 鈥渟anctuary cities,鈥� a term used by .
These declarations are intended to send a political message against extreme risk protection orders. Supporters of the declarations are expressing concerns that the laws violate the U.S. Constitution, subvert due process and undermine residents鈥� ability to protect themselves. However, anecdotes have highlighted cases where protective orders have been sought and granted in many of the 37 sanctuaries. Our study provides data to back up those anecdotes.
In Colorado, fewer petitions are granted in sanctuaries possibly because the percentage of orders filed by police is significantly lower. But red flag laws are still being used 鈥� with some notable differences.
The petitions filed and granted in sanctuary jurisdictions are more serious than those filed in nonsanctuaries. Nearly 1 in 5 involved a shooter threatening to kill at least three other people in addition to themselves. More than 90% included threats to shoot specific people such as family members, partners or law enforcement officers.
In many of these cases, the sense of danger was heightened because the person was reportedly experiencing hallucinations, had a history of contact with the police or was misusing drugs or alcohol.
Given that 60% of firearm deaths are suicides, it is surprising that just 8% of the petitions included only .
Why it matters
While red flag laws show promise as a way to prevent firearm suicides and other violence in , jurisdictions across the U.S. have made political declarations against their use.
When Colorado passed the in 2018, it immediately sparked controversy. The law went into effect on Jan. 1, 2020. It initially allowed only certain people to file petitions: law enforcement officers, plus relatives, roommates and co-parents of the respondent. In 2023, it was expanded to allow health care and behavioral health professionals, educators and district attorneys to petition.
How we did our work
Our group at the has been gathering petitions and court documents associated with every extreme risk petition filed in Colorado since they became available.
This allowed us to where the risk of violence was seen as so severe that filings were made. The law is not explicit, so this threshold has been fuzzy 鈥� leaving a lot of discretion to judges. Our data helps shade in when a petition is likely to be brought and when it is likely to be approved.
We were also able to compare the use of extreme risk petitions in sanctuary counties with their use in other counties.
What still isn鈥檛 known
The use of extreme risk petitions in counties where they鈥檙e politically unpopular raises further questions. For example, do judges in sanctuary counties set a higher bar for granting a petition than in other jurisdictions? Does a sanctuary designation discourage law enforcement from filing petitions even when they have merit?