We obtained records for all petitions filed in 2020 (n = 109). We excluded cases missing key case facts or outcomes (n = 11; 10%), such as where the final order hearing was missing so the petition outcome (and rationale) could not be identified. We also excluded duplicates where the petitioner, respondent, and facts matched (n = 12; 11%), such as when a petitioner filed the same petition more than once.
Patterns of use
Of the 86 petitions remaining for full analysis, 25 (29%) were denied and 61 (71%) received two-week TERPOs; of those, 49 (80%) continued into 364-day ERPOs and the remaining 12 petitions that received TERPOs were ultimately denied (Fig. 1).
The majority of petitions were filed for risk of harm against others (50 filed, 20 granted full 365-day ERPOs), followed by both self and others (25 filed, 18 granted) and against self alone (11 filed, 11 granted). Redacted or missing birth dates precluded calculation of age, but no respondents were identified as juveniles. Most petitions were against respondents who were males (n = 73; 85%) and non-Hispanic whites (n = 59; 80%). Among all male respondents, 42 (58%) had petitions granted (versus 6 [75%] of female respondents). Among non-Hispanic white respondents, 39 (66%) had petitions granted (versus 7 [64%] of respondents identified as black or other/unknown). Among those where a TERPO was granted, white respondents were overrepresented (84% of TERPOs versus 69% in state population (Race and (Census Tracts) 2021)) while racial and ethnic minorities (REM) were underrepresented (16% versus 31%). Among counties with 2A status, REM were underrepresented (23% of petitions filed vs 26% of the population) and among non-2A counties this underrepresentation was even more pronounced (17% of petitions filed vs 34% of the population).
Most TERPOs (n = 50; 82%) and subsequent year-long ERPOs (n = 44; 85%) filed by LEOs were granted. Fewer TERPOs (n = 11, 18%) and year-long ERPOs (n = 5, 15%) filed by family or household members were granted. Of non-LEO petitioners who had TERPOs granted, five were partners sharing a child with the respondent; others were in a domestic partnership (n = 2), a parent–child relationship (n = 2), or lived with (n = 2) the respondent.
Of the 61 cases where a TERPO was granted, 31 (51%) had documentation that firearms were removed by or turned in to LEOs (Fig. 1). Of the remaining granted TERPOs, 8 (16%) were against individuals who did not currently possess firearms as a way to keep respondent from purchasing firearms, 5 (8%) had other protections (e.g., criminal charges) already in place that removed the firearms, and 2 (3%) had other people (e.g., family members) who removed the firearms without police involvement. There were fifteen cases without documentation of firearm removal; in one case, it was noted that documentation was difficult owing to the respondent experiencing homelessness, but the remaining 14 (25%) of cases did not provide additional information. Among the four TERPOs with firearm removal and subsequent ERPO denial, three (75%) had documentation of firearms being returned to the respondent; in the fourth case, other ongoing criminal proceedings prohibited firearm return.
Across all counties, three petitions were denied because the petitioner filed in their own county of residence instead of the respondent’s. In four cases, petitions were denied because there was no firearm-specific information provided, and a general restraining order or non-firearm protection order was more appropriate. Seven petitions were dismissed due to another law or legal proceeding that already prohibited the respondent from possessing firearms.
Cases of misuse
There were four instances of misuse where the petitioner falsely characterized their relationship to the respondent. All four were denied. One case was considered to be of malicious intent and led to perjury charges against the petitioner. Petitioners in the other three cases were not charged: one was already incarcerated and had filed against prison guards; one appeared to have misunderstood law requirements and filed against a neighbor; and one filed against an entire police department with evidence of mental illness of the petitioner who claimed to live with the police department. We found no cases of malintent when the petitioner was legally allowed to petition; there were cases where the petitioner did not meet the burden of proof, but no perjury charges were filed against the petitioner in any of these cases.
Use in 2A counties
Of the 37 counties who self-declared a 2A sanctuary status, 9 (24%) had at least one petition filed, versus 13 (48%) of counties without sanctuary status (Fig. 2). Across the 2A counties, versus non-2A counties, there were lower rates of ERPO petitions filed and of petitions being granted, although the small sample size precluded testing for statistical significance. In 2A counties, there were 1.52 ERPOs petitions filed per 100,000 population; among these petitions, 48% were granted for TERPOs and 36% for full ERPOs. In non-2A counties, there were 2.05 ERPO petitions filed per 100,000 (80% granted for TERPOs and 66% for ERPOs). 2A sanctuary counties had a lower proportion of petitions filed by LEOs (35% versus 53% in non-2A counties), but these were still more likely to be granted (73%) versus those filed by non-LEOs (5%). Of the granted TERPOs in 2A sanctuary counties (n = 12), ten (83%) had evidence of firearms being removed, and nine were continued into 365-day ERPOs (75%). Based on public data, a greater proportion of suicides are completed by firearm in 2A (56%) versus non-2A (48%) counties in Colorado, suggesting a higher population prevalence of firearms. The number and rate of concealed carry permit applications in 2020 was also higher in 2A counties (2A: 26,067, 0.014 per 100,00 population; non-2A: 21,972, 0.006 per 100.00 population).