Search warrant for firearms possessed by a respondent in an extreme risk protection order.

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(1) Any court may issue a search warrant to search for and take custody of any firearm in the possession of a named respondent in an extreme risk protection order or temporary extreme risk protection order filed pursuant to article 14.5 of title 13 if the application for the warrant complies with all required provisions of section 16-3-303 and also provides facts sufficient to establish by probable cause:

  1. That the named person is a named respondent in an extreme risk protection order ortemporary extreme risk protection order filed pursuant to article 14.5 of title 13; and

  2. That the named person is in possession of one or more firearms; and

  3. The location of such firearms; and

  4. Any other information relied upon by the applicant and why the applicant considerssuch information credible and reliable.

(2) The return or disposal of any firearm taken custody of pursuant to this section shall be accomplished pursuant to section 13-14.5-109.

Source: L. 2019: Entire section added, (HB 19-1177), ch. 108, p. 399, § 3, effective April 12.


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