This story was originally published by Chalkbeat.
DENVER | Colorado Senate lawmakers gave crucial approval Monday to a bill that would update the state’s “red flag” gun laws to allow K-12 schools and colleges to request that someone’s guns be temporarily confiscated.
Under the current law, individual educators such as teachers and college professors can already make such a request. The bill would allow an educational institution itself to do so, too. Supporters say that by involving the institutions, Senate Bill 4 would help educators who are not familiar with the process file these petitions.
Colorado’s law for extreme-risk protection orders allows law enforcement to confiscate a person’s firearms for up to a year if a judge determines that the person poses a danger to themselves or others. The law was updated in 2023 to add educators, physicians, and mental health professionals to the list of people who can ask that someone’s guns be temporarily removed in response to a safety threat.
State Sen. Tom Sullivan, an Aurora Democrat who sponsored the bill, said he wants to add institutions as well to help streamline the process and add a layer of support for their employees. Along with K-12 schools and colleges, the bill adds healthcare and behavioral health treatment facilities as qualified petitioners.
“Teachers, doctors and therapists were not trained to fill out the forms to file this type of paperwork,” Sullivan said. “That is why it is so important to allow the institutions, hospitals, and others to file because that’s what they were trained for. It’s also what they have the time to do.”
Senate lawmakers approved the bill on second reading after substantial debate. The Senate must pass the bill on a third reading before it can go to the House for consideration.
State Rep. Meg Froelich, an Englewood Democrat, is the House sponsor.
Republican lawmakers and gun rights advocates oppose the bill, including some who object to “red flag” laws more broadly. They said the bill infringes on gun owners’ rights and privacy. They also argue the change would allow petitioners to hide behind their employer or even file a false report.
State Sen. Lynda Zamora Wilson, an El Paso County Republican, said during the debate that the orders can be extremely costly to gun owners and presume guilt.
She said this bill treats owners who have a petition filed against them “like criminals while denying them the rights afforded even to the guilty. By increasing the number of petitioners, this bill multiplies these injustices.”
Republican lawmakers sought to pass numerous amendments on Monday, including one to require listing the name of the individuals involved, such as a teacher or healthcare worker, when an institution files a petition. None of them passed. Democratic lawmakers said the ERPO form already calls for an individual’s signature to file the petition, and the punishment for a false report is perjury.
The bill to allow institutions as petitioners doesn’t include a significant financial impact on the state.
A Colorado Office of Gun Violence Prevention report says between 2020 and 2024, 692 petitions were filed under the “red flag” law. Of these, a judge granted 478 temporary orders and 371 final orders. While full orders last a year, a temporary extreme-risk protection order lasts 14 days.
Along with educators and medical and mental health providers, a person’s family or household members, law enforcement officers, and district attorneys can ask for a petition.
Experts report few educators have used the law since the 2023 update. Colorado Attorney General Phil Weiser has sought to help teachers and college educators understand the law, including a training called the ERPO Curriculum for Educators.
Shalyn Kettering, legal counsel to Weiser, said during a committee hearing last week that individuals who file ERPOs want to be able to elevate concerns to their employers. Weiser has supported these laws and said they’re not used enough.
“It’s been clear from these conversations that clarifications are required of the statute to better match what’s happening on the ground,” Kettering said.
Evie Hudak, who testified last week on behalf of the Colorado PTA, said children have lived in the shadow of mass shootings. She also referenced last year’s shooting at Evergreen High School, where a 16-year-old student wounded two classmates before taking his own life.
“We strongly believe that this bill will help keep our children safer,” Hudak said. “Teachers spend a lot of time with our children and are aware of their potential for violence.”
If the bill is passed during the session, it would be the third time the state has updated its extreme risk petition orders laws. The original bill passed in 2019 and was sponsored by Sullivan, who has been a leading gun control advocate since his son was murdered during the 2012 Aurora theater shooting.
Jason Gonzales is a reporter covering higher education and the Colorado legislature. Chalkbeat Colorado partners with Open Campus on higher education coverage. Contact Jason at jgonzales@chalkbeat.org. Chalkbeat is a nonprofit news site covering educational change in public schools.