Gun possession and mental health in Colorado are governed by three sets of rules. Federal law makes it a crime to possess a firearm after being “adjudicated as a mental defective” or “committed to a mental institution.” Colorado courts report certain court orders to the Colorado Bureau of Investigation (CBI) so that background checks catch that federal prohibition. And Colorado’s extreme risk protection order (ERPO) law lets a court order a person to give up firearms when the person poses a significant risk of injuring themselves or others. There are court processes for ending an ERPO and for asking a Colorado court for relief from the federal prohibition.
Key Takeaways
- Federal law, 18 U.S.C. 922(g)(4), bars anyone who has been adjudicated as a mental defective or committed to a mental institution from possessing a firearm or ammunition. Colorado enforces that prohibition through background checks and concealed carry permit rules.
- Colorado courts must report findings of incapacity and court-ordered mental health certifications and commitments to the CBI for the federal background check system.
- An ERPO can be requested by a family or household member, certain health-care, mental health, and school professionals, or law enforcement. A temporary order requires a preponderance of the evidence; the 364-day order requires clear and convincing evidence.
- A person facing an ERPO gets a court-appointed attorney, may present evidence and cross-examine witnesses, and may ask once during the order to end it.
- A person prohibited under federal law because of a Colorado court order can petition a Colorado court for relief. A denial can be reviewed by the Colorado Court of Appeals.
What Colorado Law Provides
- The federal prohibition. 18 U.S.C. 922(g)(4) makes it unlawful for a person “who has been adjudicated as a mental defective or who has been committed to a mental institution” to possess or receive a firearm or ammunition.
- Court reporting. Under C.R.S. 13-9-123, the state court administrator sends the CBI the name of each person found incapacitated by court order, committed by court order to the behavioral health administration under C.R.S. 27-81-112, or ordered into involuntary short-term, extended, or long-term mental health treatment. The report must be made within 48 hours after the state court administrator is notified.
- Background checks. Under C.R.S. 24-33.5-424, the CBI is Colorado’s point of contact for the national background check system and must deny a firearm transfer that would violate 18 U.S.C. 922(g).
- Extreme risk protection orders. A court issues a temporary ERPO on a preponderance of the evidence (C.R.S. 13-14.5-103) and a 364-day ERPO on clear and convincing evidence (C.R.S. 13-14.5-105). Knowingly having a firearm while an order is in effect is a class 2 misdemeanor (C.R.S. 13-14.5-111), punishable by up to 120 days in jail, a fine of up to $750, or both (C.R.S. 18-1.3-501).
- Relief from the federal prohibition. C.R.S. 13-9-124 sets out a Colorado court process for relief from 18 U.S.C. 922(g)(4).
- Concealed carry permits. C.R.S. 18-12-203 bars a permit for anyone ineligible to possess a firearm under federal law or subject to an ERPO.
Overview of Colorado Gun Laws Related to Mental Health
The prohibition tied to mental health adjudications and commitments comes from federal law, 18 U.S.C. 922(g)(4). Colorado’s part is to make that prohibition work. Colorado courts report qualifying court orders to the CBI (C.R.S. 13-9-123), and the CBI must deny a firearm purchase that would violate federal law (C.R.S. 24-33.5-424(3)(a)).
Colorado also has its own removal process, the extreme risk protection order, found in Title 13, article 14.5. An ERPO does not depend on a mental health diagnosis. It depends on whether the person poses a significant risk of causing personal injury to self or others by having a firearm.
Both kinds of restriction can end. An ERPO expires or can be terminated, and a person prohibited because of a Colorado court order can petition for relief under C.R.S. 13-9-124.
Criteria for Mental Health Restrictions on Firearm Possession
The main legal triggers are listed below. Note that the federal statute speaks of legal events (an adjudication or a commitment), not diagnoses.
| Criterion | Description | Legal Reference |
|---|---|---|
| Adjudicated as a mental defective | A qualifying adjudication. Colorado reports court findings that a person is incapacitated | 18 U.S.C. 922(g)(4); C.R.S. 13-9-123(1)(a) |
| Committed to a mental institution | Court-ordered commitment, or court-ordered involuntary certification for mental health treatment | 18 U.S.C. 922(g)(4); C.R.S. 13-9-123(1)(b), (1)(c) |
| Extreme risk protection order | Court finds a significant risk of causing personal injury to self or others by having a firearm | C.R.S. 13-14.5-103(3); C.R.S. 13-14.5-105(2) |
A person in any of these categories who possesses a firearm risks criminal charges, federal or state depending on the category.
The Role of Background Checks in Mental Health Gun Restrictions
Background checks are how the federal prohibition is enforced when someone tries to buy a gun. The CBI serves as Colorado’s point of contact for the national instant criminal background check system (NICS), and it can only find what has been reported to it.
Mental Health Reporting Requirements
Under C.R.S. 13-9-123, the reporting duty is placed on the state court administrator, and every item on the list is a court order. The report must describe the reason for the report and state that it is made under 18 U.S.C. 922(g)(4) (C.R.S. 13-9-123(2)). ERPOs are reported separately under C.R.S. 13-14.5-110.
| Reporting Entity | Type of Mental Health Event |
|---|---|
| State court administrator | Court finding that a person is incapacitated (C.R.S. 13-9-123(1)(a)) |
| State court administrator | Court-ordered commitment to the behavioral health administration under C.R.S. 27-81-112 (C.R.S. 13-9-123(1)(b)) |
| State court administrator | Court order for involuntary short-term, extended, or long-term mental health treatment (C.R.S. 13-9-123(1)(c)) |
| Court clerk, then the CBI | Any ERPO or temporary ERPO. The clerk forwards it to the CBI the day it is issued, and the CBI enters it into NICS (C.R.S. 13-14.5-110(2)) |
The state court administrator must report within 48 hours after being notified of a qualifying order (C.R.S. 13-9-123(1.5)).
Impact on Background Checks
When a gun dealer runs a background check in Colorado, the CBI sends the request to NICS and may search other databases. The CBI must deny the transfer if it would violate 18 U.S.C. 922(g) or (n), and it may not approve a transfer until its background investigation is complete (C.R.S. 24-33.5-424(3)(a), (3)(b.5)). When a transfer is denied, the CBI notifies the seller and reports the denial to NICS (C.R.S. 24-33.5-424(5)(a)).
Accuracy matters in both directions. A court that learns the basis for a reported record does not apply or no longer applies must update or remove the record and notify the attorney general (C.R.S. 13-9-123(4)).
Procedures for Firearm Removal Due to Mental Health Concerns
Colorado’s main removal process is the extreme risk protection order. A request for a temporary order must include a sworn affidavit setting out the facts. The court then decides whether the person poses a significant risk of causing personal injury to self or others by having a firearm. If an order issues, the person must give up their firearms, and there are set procedures for ending the order and getting the firearms back.
Mental Health Evaluation Process
The ERPO statute lists the evidence a court may consider, and none of it is a diagnosis. The list includes a recent act or credible threat of violence, a pattern of violence or threats within the past year, violations of civil protection orders or earlier ERPOs, a domestic violence conviction, the person’s ownership of or access to firearms, a credible threat or reckless use of a firearm, a history of unlawful force or stalking, certain prior arrests, abuse of controlled substances or alcohol, a job that requires a firearm, and recent purchases of a firearm or ammunition (C.R.S. 13-14.5-105(3)).
Mental health still plays a role:
- The court must consider any available mental health evaluation or chemical dependency evaluation provided to it (C.R.S. 13-14.5-105(7)).
- Before issuing an ERPO, the court must consider whether the person meets the standard for a court-ordered mental health evaluation under C.R.S. 27-65-106. If so, the court must also order treatment and evaluation (C.R.S. 13-14.5-105(8)(a)).
- The court must likewise consider whether the person meets the standard for an emergency commitment under C.R.S. 27-81-111 (C.R.S. 13-14.5-105(8)(b)).
- A health-care or mental health professional who files a petition may disclose the person’s protected health information as needed for the case, and the court must seal records containing that information (C.R.S. 13-14.5-103(1)(b), 13-14.5-104(1)(b)).
Temporary Firearm Removal Orders
A family or household member, a community member, or a law enforcement officer or agency may ask for a temporary ERPO without advance notice to the person, by filing a sworn affidavit with the petition (C.R.S. 13-14.5-103(1)(a)). The court holds a hearing on the temporary order the day the petition is filed or the next court day (C.R.S. 13-14.5-103(4)).
The court issues a temporary ERPO if it finds by a preponderance of the evidence that the person poses a significant risk of causing personal injury to self or others in the near future by having a firearm (C.R.S. 13-14.5-103(3)). The court must then hold a hearing within 14 days on whether to issue a 364-day order, and the temporary order expires at that hearing (C.R.S. 13-14.5-103(5)).
At that hearing, the standard rises to clear and convincing evidence. If it is met, the court issues an ERPO for 364 days (C.R.S. 13-14.5-105(2)).
Once any ERPO issues, including a temporary one, the court orders the person to surrender all firearms, either by selling or transferring them to a licensed firearms dealer or by arranging storage with a law enforcement agency, and to surrender any concealed carry permit (C.R.S. 13-14.5-108). Knowingly having a firearm while the order is in effect is a class 2 misdemeanor (C.R.S. 13-14.5-111).
Restoration of Gun Rights
How firearm rights come back depends on what took them away.
Ending an ERPO. The person may submit one written request for a hearing to terminate the order during the time it is in effect. The court sets the hearing 14 days after the request, and the person must show by clear and convincing evidence that they no longer pose a significant risk (C.R.S. 13-14.5-107(1)). An order can be renewed only on clear and convincing evidence that the risk continues (C.R.S. 13-14.5-107(2)(e)). When an order is terminated or expires without renewal, whoever holds the firearms must return a requested firearm within three days, after a background check confirms the person may legally have it and the court confirms the order has ended (C.R.S. 13-14.5-109(1)).
Relief from the federal prohibition. A person who is prohibited under 18 U.S.C. 922(g)(4) because of a Colorado incapacity finding, commitment, or certification order may petition a Colorado court under C.R.S. 13-9-124. Key steps include:
- Filing a petition and submitting evidence in support of it (C.R.S. 13-9-124(2), (3))
- Placing the petitioner’s mental health records and criminal history records before the court, along with character evidence such as witness statements or testimony (C.R.S. 13-9-124(4))
- Obtaining findings that the petitioner is not likely to act in a manner dangerous to public safety and that relief is not contrary to the public interest (C.R.S. 13-9-124(5)(a))
If the court denies relief, the petitioner may ask the Colorado Court of Appeals to review the denial (C.R.S. 13-9-124(5)(b)).
Cancelling the background check record. Separately, the state court administrator must take steps to cancel a record in NICS when the person makes a written request and, at least three years earlier, the guardianship ended on a finding that the person is no longer incapacitated, or the certification or commitment period expired or the person was discharged. There are exceptions, including for certain repeated commitments (C.R.S. 13-9-123(3)).
Legal Rights of Individuals Facing Mental Health-Related Gun Restrictions
A person facing an ERPO petition has specific protections under the statute:
- A lawyer. When a petition is filed, the court must appoint an attorney for the person, and the court pays that attorney. The person may hire their own attorney instead, at their own expense (C.R.S. 13-14.5-104(1)(a)).
- A hearing. The person may present evidence, cross-examine witnesses, and be represented at the hearing (C.R.S. 13-14.5-105(5)).
- Reasons. The court must state the particular reasons for issuing or denying an order (C.R.S. 13-14.5-103(8), 13-14.5-105(11)).
- A way out. The court must tell the person of the right to request termination and give them a form to do it (C.R.S. 13-14.5-105(10)).
A person seeking relief from the federal prohibition under C.R.S. 13-9-124 has the right to submit their own evidence, and the court must review it and keep a record of the proceeding (C.R.S. 13-9-124(3)).
Impact of Recent Legislative Changes on Gun Possession and Mental Health
Colorado’s ERPO law was repealed and reenacted in its current form in 2023 by Senate Bill 23-170, effective April 28, 2023. The article is titled the “Deputy Zackari Parrish III Violence Prevention Act” (C.R.S. 13-14.5-101).
Notable features of the current law include:
- A “community member” may file a petition. That means a licensed health-care professional or mental health professional who provided care to the person or the person’s child within the past six months, or an educator who interacted with them within that time (C.R.S. 13-14.5-102(1), 13-14.5-104(1)(a)).
- Health-care and mental health professionals who petition may share protected health information as needed for the case, and those records are sealed (C.R.S. 13-14.5-104(1)(b)).
- A law enforcement officer or agency seeking a temporary order must also file a sworn affidavit for a search warrant for the person’s firearms (C.R.S. 13-14.5-103(1)(a)).
Navigating Court Hearings in Mental Health and Gun Possession Cases
In an ERPO hearing, the court may question the petitioner, the person, and witnesses under oath, or consider sworn affidavits instead. It may also ask the CBI for a criminal history check on the person, provided to the court under seal (C.R.S. 13-14.5-105(4)). The rules of evidence apply as they do in a civil protection order case (C.R.S. 13-14.5-105(6)).
| Stage | Key Focus |
|---|---|
| Petition | Filed by a family or household member, a community member, or law enforcement (C.R.S. 13-14.5-104(1)(a)) |
| Temporary Order Hearing | Same day or next court day; preponderance of the evidence (C.R.S. 13-14.5-103(3), (4)) |
| Hearing on the 364-Day Order | Within 14 days of a temporary order; clear and convincing evidence (C.R.S. 13-14.5-103(5), 13-14.5-105(2)) |
| Termination Request | One request while the order is in effect; the person must show by clear and convincing evidence that the risk has passed (C.R.S. 13-14.5-107(1)) |
| Renewal | Motion within 63 days before the order expires; clear and convincing evidence that the risk continues (C.R.S. 13-14.5-107(2)) |
Because the person is entitled to a lawyer and a court record is made at each stage, preparation for these hearings matters.
Resources and Support for Individuals Affected by Mental Health Gun Laws
Understanding the legal procedures is only part of what a person facing these restrictions needs. When a temporary ERPO is served, law enforcement must include referrals to domestic violence, behavioral health, and counseling resources (C.R.S. 13-14.5-103(7)).
Key resources include:
- Local and national advocacy groups focused on mental health and firearm law, which offer education and policy updates.
- Support networks that connect individuals with mental health professionals, legal advisors, and peer support.
- Community organizations providing counseling, crisis intervention, and referrals to mental health services.
Frequently Asked Questions
Can Family Members Petition for Firearm Removal Based on Mental Health Concerns?
Yes. A family or household member may petition for an ERPO (C.R.S. 13-14.5-104(1)(a)). That group includes relatives by blood, marriage, or adoption, a person who has a child in common with the person, someone who lives or lived with the person within the last six months, a domestic partner, and others (C.R.S. 13-14.5-102(5)). The question for the court is whether the person poses a significant risk of causing personal injury to self or others by having a firearm, not whether the person has a mental health condition. A person who files a malicious or knowingly false petition may face criminal prosecution or civil liability (C.R.S. 13-14.5-113(2)).
How Do Mental Health Records Impact Concealed Carry Permits in Colorado?
A sheriff issues concealed carry permits. An applicant must not be ineligible to possess a firearm under C.R.S. 18-12-108 or federal law, which includes the federal mental health prohibition, and must not be subject to a temporary ERPO or an ERPO (C.R.S. 18-12-203(1)(c), (1)(g)(IV)). Even when every criterion is met, the sheriff may deny a permit if the sheriff has a reasonable belief that documented previous behavior makes it likely the applicant will present a danger to self or others (C.R.S. 18-12-203(2)). If an ERPO issues, the person must surrender any permit, and the sheriff revokes it. The person may reapply once the orders are no longer in effect (C.R.S. 13-14.5-108(1)(b), 13-14.5-110(3)).
Are There Differences in Gun Possession Laws Between Adults and Juveniles With Mental Health Issues?
Yes, one important difference applies to all juveniles. Colorado makes it unlawful for anyone under 18 to knowingly possess a handgun, with exceptions such as firearms safety courses, established shooting ranges, licensed hunting, and property controlled by a parent, guardian, or grandparent with a parent’s or guardian’s permission. A first offense is a class 2 misdemeanor, and a second or later offense is a class 5 felony (C.R.S. 18-12-108.5). How a mental health adjudication or an ERPO affects a particular young person depends on the facts, and a lawyer should review them.
What Mental Health Diagnoses Most Commonly Affect Firearm Eligibility?
The law does not work by diagnosis. The federal prohibition turns on legal events: being “adjudicated as a mental defective” or “committed to a mental institution” (18 U.S.C. 922(g)(4)). Colorado’s reports to the CBI are reports of court orders, such as incapacity findings and involuntary treatment orders (C.R.S. 13-9-123(1)). An ERPO turns on evidence of risk listed in C.R.S. 13-14.5-105(3), and that list does not name any diagnosis.
Can Individuals Regain Gun Rights After a Mental Health-Related Restriction Is Lifted?
Yes, through the process that fits the restriction. An ERPO ends when it expires without renewal or when the court terminates it after the person shows by clear and convincing evidence that the risk has passed, and firearms are then returned after a background check (C.R.S. 13-14.5-107, 13-14.5-109). A person prohibited under federal law because of a Colorado court order may petition for relief under C.R.S. 13-9-124, which requires court findings that the person is not likely to act in a manner dangerous to public safety and that relief is not contrary to the public interest. A person may also ask the state court administrator to cancel a background check record once the conditions in C.R.S. 13-9-123(3) are met.