Colorado § 13-14.5-110 - Reporting of extreme risk protection orders.

§ 13-14.5-110. Reporting of extreme risk protection orders.

(1) The court clerk shall enter any extreme risk protection order or temporary extreme risk protection order issued pursuant to this article 14.5 into a statewide judicial information system on the same day the order is issued.

(2) The court clerk shall forward a copy of an extreme risk protection order or temporary extreme risk protection order issued pursuant to this article 14.5 the same day the order is issued to the Colorado bureau of investigation and the law enforcement agency specified in the order. Upon receipt of the copy of the order, the Colorado bureau of investigation shall enter the order into the national instant criminal background check system, any other federal or state computer-based systems used by law enforcement agencies or others to identify prohibited purchasers of firearms, and any computer-based criminal intelligence information system available in this state used by law enforcement agencies. The order must remain in each system for the period stated in the order, and the law enforcement agency shall only expunge orders from the systems that have expired or terminated and shall promptly remove the expired or terminated orders. Entry into the computer-based criminal intelligence information system is notice to all law enforcement agencies of the existence of the order. The order is fully enforceable in any county in the state.

(3) The issuing court shall, within three court days after issuance of an extreme risk protection order or a temporary extreme risk protection order, forward all identifying information the court has regarding the respondent, along with the date the order is issued, to the county sheriff in the jurisdiction where the respondent resides. Upon receipt of the information, the county sheriff shall determine if the respondent has a concealed carry permit. If the respondent does have a concealed carry permit, the issuing county sheriff shall immediately revoke the permit. The respondent may reapply for a concealed carry permit after the temporary extreme risk protection order and extreme risk protection order, if ordered, are no longer in effect.

(4) If an extreme risk protection order is terminated before its expiration date, the court clerk shall forward, on the same day as the termination order, a copy of the termination order to the Colorado bureau of investigation and the appropriate law enforcement agency specified in the termination order. Upon receipt of the order, the Colorado bureau of investigation and the law enforcement agency shall promptly remove the order from any computer-based system in which it was entered pursuant to subsection (2) of this section.

(5) Upon the expiration of a temporary extreme risk protection order or extreme risk protection order, the Colorado bureau of investigation and the law enforcement agency specified in the order shall promptly remove the order from any computer-based system in which it was entered pursuant to subsection (2) of this section.

(6) An extreme risk protection order does not constitute a finding that a respondent is a prohibited person pursuant to 18 U.S.C. sec. 922 (d)(4) or (g)(4). This subsection (6) does not alter a temporary extreme risk protection order or an extreme risk protection order, and a respondent subject to a temporary extreme risk protection order or an extreme risk protection order is prohibited from possessing a firearm under state law. This subsection (6) does not change the duty to enter a temporary extreme risk protection order or extreme risk protection order into the appropriate databases pursuant to this section.

Source: L. 2023: Entire article R&RE, (SB 23-170), ch. 124, p. 477, § 1, effective April 28.