El Paso County Sheriff's Office will not petition new 'red flag' gun law, unless 'exigent circumstances' exist

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EL PASO COUNTY, Colo. (KKTV) - The El Paso County Sheriff's Office announced on Wednesday it will not petition the new red flag law in Colorado, unless "exigent" circumstances exist.

Sheriff Bill Elder was against the legislation that is now law as of the start of 2020. In short, a family member or member of law enforcement can ask a judge to order the temporary removal of firearms from a person who could be a threat to themselves or others. The technical term for the request is an "extreme risk protection order." Click here for more on extreme risk protection orders from the state.

In the past, Sheriff Elder told 11 News he would do everything he can to fight the red flag law. Even file a lawsuit.

The sheriff's office sent out a statement on the new law on Wednesday. It reads in part:
"It is the policy of the Sheriff's Office to respect and protect the constitutional rights of all those who serve. The El Paso County Sheriff's Office will ensure that the rights of people to be free from unreasonable search and seizures, and to receive due process of law, are safeguarded and maintained. These protections are reflected our mission statement, the law-enforcement code of ethics and codified in our policies.

The El Paso County Sheriff's Office is further committed to safeguarding the community from the potential risk of imminent harm created by significantly mentally ill people who have access to firearms and have exhibited behaviours that create a public safety concern.

Regarding Extreme Risk Protection Orders; in brief, it is the policy of the El Paso County Sheriff's Office that once an extreme risk protection order is granted by the courts, members of the El Paso County Sheriff's Office will evaluate the entirety of the order, conduct a risk analysis to determine what resources and personnel are necessary, and establish operational plans to safely serve the order as required.

A member of the El Paso County Sheriff's Office will not petition for an ERPO or TRPO unless exigent circumstances exist...."

Click here to read the full notice sent to 11 News.



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