Colorado  
Colo.Rev.Stat.§13-14.5-101 to §114

Who May Petition

Family or household member, LEA.

Burden of proof for Emergency Order or Ex Parte Order

Probable cause by a preponderance of evidence that respondent "poses a significant risk of causing personal injury to self or others in the near future by having in his or her custody or control a firearm or by purchasing, possessing, or receiving a firearm.

Notice and Opportunity

Court sets hearing date within 14 days and includes it in temporary order

Service

LEA

What is Prohibited?

Custody, control,  or purchase, possession, receipt, or attempt to purchase or receive a firearm.

Relinquish Firearms

Respondent must relenquish all firearms to LEA. Also relenquish concealed carry permit.

Seizure by LEA

Search Warrant can issue contemporaneus with temporary order. Can issue upon showing respondent has not relinquished all firearms.

Burden of Proof at Hearing

Clear and convincing evidence that the respondent poses a significant risk of causing personal injury to self or others by having in his or her custody or control a firearm or by purchasing, possessing, or receiving a firearm.

Authority to Order Mental Health/Substance Abuse Evaluation

Yes

Entry into NICS

Court clerk shall enter order into a statewide judicial information system. Clerk forwards order to Colorado Bureau of Investigation for entery into NICS.

Duration of Order after Hearing

364 days

Warrantless Arrest Permitted in Statute

 

Criminal Penalty

 Class 2 Misdemeanor

Contempt Penalty

 

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