Colorado Pushes Teachers to Use ‘Red Flag’ Law

When ‘red flag’ laws first started popping up around the country, supporters claimed that these Extreme Risk Protection Orders would be rarely used, and only in the most serious cases involving individuals who posed a danger to themselves or others. 

As more and more states have adopted these laws, though, anti-gunners have made it clear that they want to see as many ERPOs filed as possible. The Minneapolis Star Tribune, for example, just ran a big series on the state’s red flag law that took issue with the fact that the law has yet to be used in many counties. A lack of “red flag” petitions isn’t seen as a good thing. It’s a red flag of its own. 

Another example of this is playing out in Colorado, where the state’s “red flag” law was expanded back in 2023 to allow more individuals to file petitions. Teachers can now file petitions directly instead of going to law enforcement, school officials, or the parent of a student, but Colorado Attorney General Phil Weiser says not many have done so. Now his office is offering “training” to educators that encourages them to file petitions whenever possible. 

“Obviously the events of Evergreen are top of mind today,” Weiser said. “But it’s sadly one painful story after another that schools and schoolkids have seen too much gun violence.

“When young people are struggling [or] contemplating suicide and make statements like, ‘I know where my dad keeps the gun’ or ‘I have access to a gun and I’m going to take my life,’ that’s a call to action. It’s important we use all the tools we can to prevent gun violence.”

Gun violence is the leading cause of death among youth. In 2023, 21% of Colorado middle school students reported that they could get a loaded gun in less than an hour without adult permission, according to the results of the statewide Healthy Kids Colorado survey.

The training, called the ERPO Curriculum for Educators, consists of two 30-minute virtual sessions. The first session goes over the basics of Extreme Risk Protection Orders, or ERPOs.

ERPOs allow 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 second training session provides step-by-step instructions on how to petition the court for such an order. In addition to educators, a person’s family or household members, law enforcement officers, medical and mental health providers, and district attorneys can petition for an ERPO.

There’s an obvious reason why teachers haven’t filed a lot of “red flag” petitions; juveniles who aren’t old enough to legally purchase or possess a firearm aren’t going to be impacted by an order that prohibits them from buying or possessing a gun. As far as I can tell, when juveniles are subject to an Extreme Risk Protection Order, that doesn’t bar their parent or guardian from continuing to possess firearms. The ERPO statute reads in part that petitioners must “Identify the number, types, and locations of any firearms the petitioner believes to be in the respondent’s current ownership, possession, custody, or control.” 

There’s no language in the statute about the respondent’s parent or guardian’s guns, so when Weiser insinuates that the use of these “red flag” laws can stop a juvenile from accessing their mom or dad’s gun, I don’t think that’s accurate. 

The “red flag” law also makes it very clear that the subject of an ERPO petition must be the one exhibiting signs of danger to themselves or others, so I don’t think Colorado law allows for a “red flag” petition to be used against a parent or guardian of a troubled juvenile. 

I’ve reached out to an attorney and law enforcement sources in Colorado for confirmation on whether the parents or guardians of juveniles who are under a “red flag” petition also have to give up their legally owned firearms, and I’ll update with more information once I hear back. At the moment, though, it seems to me that Weiser’s just looking to pad the number of “red flag” petitions that are filed, regardless of whether or not they’ll have any real impact on those subject to them. If educators are truly concerned about one of their juvenile students, the first call should be to the student’s family, and no one should be wasting their time and energy on an Extreme Risk Protection Order that won’t stop a troubled teen from harming themselves or others. 

Editor’s Note: The Schumer Shutdown is here. Rather than put the American people first, Chuck Schumer and the radical Democrats forced a government shutdown for healthcare for illegals. They own this.

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