FORT COLLINS, Colo. — The Larimer County Sheriff’s Office filed an extreme risk protection order against a man accused of threatening a mass shooting. The sheriff’s office confirmed the filing Wednesday evening.
In March 2019, 31-year-old David Gatton was arrested and charged with inciting destruction of life or property and retaliation against a witness or victim.
Gatton is currently in the Larimer County Jail in Fort Collins.
The sheriff’s office says it is hoping the ERPO will prevent Gatton from purchasing a firearm if he posts bail.
Under the new Red Flag law, any Colorado citizen can file an ERPO if they believe someone is a threat to themselves or others.
Certain conditions must be met for the ERPO to be approved.
A judge will decide if someone initially meets the criteria to have his or her guns taken away. This first hearing will be conducted ex parte, without the gun owner present.
A judge can decide if the situation warrants the sheriff and his or her deputies moving in to take guns away immediately without the gun owner’s knowledge and before a notice to appear in court can be given to the gun owner.
ERPOs can last for up to 364 days.