WeVote
Log In

Bill

Bill

HB 1072

Right to Firearm Possession & Elimination of Extreme Risk Protection Orders

2026 Regular Session

Colorado bill eliminating "red flag" gun removal laws while establishing constitutional firearm possession right, blocked in committee March 2026.

House Committee on State, Civic, Military, & Veterans Affairs Postpone Indefinitely
#courts&judicial #crimes #corrections #&enforcement
0
WeVote Research Nonpartisan
Bill Summary · HB 1072

Legislative bill overview

HB 1072 would establish a constitutional right to firearm possession in Colorado and eliminate the state's extreme risk protection order (ERPO) system, commonly known as "red flag" laws. The bill appears designed to overturn existing Colorado law that allows courts to temporarily remove firearms from individuals deemed to pose a significant risk of harm to themselves or others.

Why is this important

Colorado's ERPO law, enacted in 2019, is one of the primary legal mechanisms law enforcement and family members use to prevent firearm-related deaths during mental health crises. Eliminating it would remove a tool used in hundreds of cases annually, while establishing a broad constitutional firearm right could affect future gun regulations. This directly conflicts with Colorado's current approach to balancing Second Amendment rights with public safety measures.

Potential points of contention

  • Constitutional conflict: Colorado courts would need to reconcile a new constitutional firearm right with existing regulations (background checks, permit requirements), potentially creating legal uncertainty
  • Public safety impact: ERPO laws have documented associations with suicide prevention; removal could affect outcomes in mental health crises
  • Precedent concerns: This contradicts Colorado's 2019 legislative judgment and recent national trends where multiple states have adopted similar ERPO laws
  • Implementation complexity: Retroactive application to existing protection orders and how to handle pending cases remains unclear

Compiled from official sources — confirm details with the bill’s official record.

Sign in to ask a question.