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Judge denies 'red flag' petition in Lincoln County case

Five petitions have been filed in Colorado since the state's red flag law went into effect on Jan. 1.

DENVER — For the first time since Colorado’s new red flag law went into effect nearly two weeks ago, a judge has denied an extreme risk protection order petition.

A judge in Lincoln County denied a request for a temporary extreme risk petition order on Jan. 6, the same day the petitioner filed their paperwork.

A woman filed the petition against a boyfriend, according to court documents, citing physical and verbal threats. That included an incident on Dec. 29, 2019, three days before the law was in use, in which the man allegedly threatened her with a handgun.

9NEWS has not seen the judge’s explanation for denying the petition.

Under Colorado’s red flag law, a judge can order someone's guns to be removed if the judge deems them to be a threat to themselves or others. A family member, household member or law enforcement officer can file petitions.

Lincoln County is one of dozens in Colorado that declared itself a “2nd Amendment sanctuary” while state lawmakers debated the bill last year. Typically, that means a sheriff will not enforce red flag orders, much less file themselves. 

RELATED: These Colorado counties have declared themselves '2nd Amendment sanctuaries' in response to red flag law

The first temporary extreme risk protection order petition was filed in Denver County on Jan. 2. The judge granted that petition. The case is scheduled to be heard in court later this month.

Five extreme risk protection order petitions have been filed in total, as of Jan. 13, 2020:

  • Denver County: 2
  • Larimer County: 2
  • Lincoln County: 1

The Lincoln County case has been the only one with a denial thus far. A judge has yet to rule on one of the cases in Larimer.

Gov. Jared Polis (D) signed Colorado's red flag bill into law in April. It went into effect at the start of 2020. The law calls for a hearing within 14 days of the temporary order, after which a judge decides whether or not to continue that protection order for up to 364 days.

RELATED: Can you follow Denver's plan for the red flag law?

RELATED: First known case using Colorado’s new red flag law filed in Denver

RELATED: What happens if a sheriff refuses to enforce Colorado's red flag law?

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