A New Bill Would Erase Colorado's 'Red Flag' Gun Laws. Here's the Breakdown.

What This Bill Actually Does

HB26-1072 fundamentally rewrites Colorado's approach to firearm regulation by repealing Extreme Risk Protection Orders (ERPOs)—widely known as "Red Flag" laws. Under current law, law enforcement, family members, or specific professionals like medical providers can petition a judge. If the judge agrees the individual poses a significant risk of causing personal injury to themselves or others, they issue an ERPO, forcing the temporary confiscation of the person's firearms. Section 2 of this bill completely repeals that legal framework, arguing in Section 1 that individuals have a constitutional right to own, possess, and use firearms to the maximum extent permitted by state and federal law.

The bill doesn't just stop at stopping future court orders; it removes ERPOs from the fabric of several state systems and databases. For instance, Sections 6 and 7 strip the legal requirement that state-mandated firearm safety courses and concealed handgun training classes include instruction on Extreme Risk Protection Orders. Section 8 removes ERPOs from the list of things that automatically disqualify someone from getting a concealed carry permit. This means someone previously denied a permit solely due to an active ERPO would now be legally eligible to apply for and carry a concealed weapon.

Finally, the legislation dismantles the state infrastructure built to support the Red Flag system. Section 9 shuts down the state's dedicated ERPO hotline run by the Department of Public Safety, while Sections 11 and 12 strip funding and mandates for the Department of Public Health and Environment to run public awareness campaigns on how to file for these orders. Notably, Sections 5 and 13 change housing laws. Currently, a victim of domestic abuse or stalking can use an ERPO as valid legal documentation to break a residential lease without financial penalty. This bill removes that specific provision, requiring tenants to rely entirely on standard civil or criminal protection orders instead.

What It Means for You

If you are a gun owner, a parent, or someone who closely tracks public safety policies, HB26-1072 represents a massive shift in Colorado law. For firearm owners, it eliminates the sole mechanism where a civil court order can preemptively remove your firearms or prevent you from obtaining a concealed carry permit without a criminal conviction. If you currently have a concealed carry permit or plan to get one, the required concealed handgun training class will no longer spend time covering Red Flag laws. You will also see a broader legal shield protecting firearm possession, as the bill explicitly codifies ownership rights to the "maximum extent permissible."

If you are a renter navigating a dangerous situation, pay close attention to the housing changes. Currently, if someone is escaping domestic violence, unlawful sexual behavior, or stalking, they can present an ERPO to their landlord to break their lease and secure safe housing without being on the hook for the rest of the rent. If this bill passes, those tenants will lose that specific piece of paperwork as an option. You will need to secure a standard civil or criminal protection order instead, which requires a different legal process and burden of proof.

Here is what you should do to prepare for potential changes:

• Review your safety plans: If you or a loved one relies on the possibility of an ERPO as a tool for managing a domestic or mental health crisis, consult with legal counsel or local advocacy groups about how to navigate standard civil protection orders.
• Make your voice heard: This is a deeply polarizing issue. Find your local state representative and let them know where you stand on the repeal of Red Flag laws before the bill hits the committee phase.
• Watch the effective date: If passed by the legislature and signed without a citizen referendum, the law would take effect on August 12, 2026.

What It Means for Your Business

If you own a shooting range or run a firearms training business, this bill directly impacts your daily operations and curriculum. Under current state law, you are legally required to include specific instruction on Extreme Risk Protection Orders in your basic safety and concealed carry certification classes. If HB26-1072 passes, you will need to update your syllabus to remove these modules to stay aligned with the new state standards. This could potentially save you instructional time, but it will require an immediate administrative update to your training manuals, videos, and testing materials.

For property managers, landlords, and real estate developers, the removal of ERPOs as a valid reason to break a residential lease changes your compliance checklist. Your leasing office will need to retrain staff on exactly which protection orders are still legally binding for early lease termination under the violence-survivor exception. Accepting an invalid document, or denying a valid one, could create significant legal liability or fair housing complaints. Your legal team will need to update the company's standard operating procedures and lease addendums to reflect the removal of Article 14.5 of Title 13 from the approved documentation list.

Here are the specific actions business owners should take right now:

• Draft an alternative curriculum: Firearm instructors should begin drafting an alternative lesson plan that omits ERPO instruction, so you are ready to deploy it immediately if the state training requirements change.
• Revise tenant break-lease policies: Landlords and property managers must ensure their legal teams review the updated language in Section 38-12-402. Ensure your leasing agents have a clear, updated list of which legal documents are acceptable for domestic violence lease terminations.
• Submit written testimony: This bill will soon be heard in the State, Civic, Military, & Veterans Affairs Committee. Submitting written testimony outlining exactly how this will impact your business operations or legal liabilities is the best way to get on the record.

Follow the Money

According to the initial fiscal note, pulling the plug on Red Flag laws actually saves the state money—resulting in a reduction in state expenditures of $692,562 per year starting in the 2026-2027 fiscal year. This money is currently pulled from the General Fund to pay for specialized operations within the Judicial Department and the Department of Public Safety (CDPS).

The Judicial Department will see its budget reduced by $383,245, largely by cutting the court-appointed counsel and mandatory mental health evaluations that are currently required for ERPO hearings. This will also allow them to reduce their headcount by 1.2 Full-Time Equivalent (FTE) employees. The CDPS will save $309,317 (and cut 3.0 FTEs) by permanently shutting down the state's dedicated ERPO hotline and removing phone licenses.

On the revenue side, the state might see a minimal bump in cash fund revenue from background check fees ($52.50 per check) and permit renewal fees ($13) as individuals who were previously blocked by active ERPOs become legally eligible to apply for concealed carry permits again. At the local level, county-funded district attorneys and local law enforcement agencies will see a slight decrease in workload and resource expenditure, as they will no longer be tasked with filing these specific court petitions or managing the physical confiscation and storage of surrendered firearms.

Where This Bill Stands

HB26-1072 was officially introduced in the House on February 2, 2026, by Representative Scott Slaugh. It has been assigned to the House State, Civic, Military, & Veterans Affairs Committee. This is the bill's first legislative hurdle, and it is a significant one.

Let's look at the reality of the Capitol: Colorado's legislature has spent the last several years expanding gun control measures, including the 2023 legislation that expanded who could file these very Red Flag laws. Because of the current political makeup of the General Assembly, passing a sweeping repeal of ERPOs will be an incredibly steep uphill battle for the sponsors. The upcoming committee hearing will likely feature highly emotional, heavily attended public testimony from both gun rights advocates and gun control organizations. If the bill somehow survives committee and passes both chambers, it would take effect in August 2026—unless a citizen referendum petition is filed, which would push the final decision to Colorado voters on the November 2026 ballot.