Just one day after Colorado’s new red flag law went into effect, the state’s first known extreme risk protection order petition was filed in Denver.
Denver Police Sgt. Troy Bisgard filed the petition on Thursday in Denver Probate Court for a 26-year-old man who had allegedly beat his wife and “made suicidal statements” to officers who responded to the domestic violence call on Dec. 29, as well as to the investigating detective on Dec. 31, 9NEWS reports.
A Denver Probate Court judge on Friday approved a hearing for the case, which is scheduled for Jan. 16.
The state’s controversial red flag law, signed into law by Democratic Gov. Jared Polis in 2019, allows a family relative or law enforcement official to petition the court to take away a person’s guns who may pose a risk to themselves or someone else.
In this case, the guns were already removed by the Denver Police Department after the man voluntarily turned them over to officers, so the red flag law in this instance is being used to help keep the guns out of his hands and in the Denver Police Property Bureau.
In the upcoming hearing, The Denver Post reports, a judge will decide whether to extend the temporary protection order for up to a year or release the man’s handguns back to him.
According to the petition filed by Bisgard, the man “grabbed his Glock 9mm handgun and pointed it in the direction of [his wife] and her sister. He said it was not for them, rather it was for himself." When interviewed by the detective, the man said he was "upset, contemplating doing something bad to myself," adding it was a "good thing they stopped me because it was not good."
In the petition, Bisgard also checked the box affirming that there was “a credible threat of or the unlawful or reckless use of a firearm by the respondent.”
Colorado is one of at least 17 states to pass a red flag law.