Current through 11/5/2024 election
Section 13-14.5-113 - Liability(1) Except as provided in section 13-14.5-111, this article 14.5 does not impose criminal, administrative, or civil liability on any person, including a community member, or entity for acts or omissions made in good faith related to obtaining an extreme risk protection order or a temporary extreme risk protection order, including but not limited to reporting, declining to report, investigating, declining to investigate, filing, or declining to file a petition pursuant to this article 14.5. This article 14.5 does not impose criminal or civil liability on a peace officer lawfully enforcing an order pursuant to this article 14.5.(2) A person who files a malicious or knowingly false petition for a temporary extreme risk protection order or an extreme risk protection order may be subject to criminal prosecution or civil liability for those acts.(3) A federally licensed firearms dealer or law enforcement agency that stores a firearm as permitted by this article 14.5 is not civilly liable for any resulting damages to the firearm, as long as such damage did not result from the willful and wrongful act or gross negligence of the person or law enforcement agency storing the firearm.(4) This article 14.5 does not require a family or household member of the respondent, a community member, or a law enforcement officer or agency to file a petition for a temporary emergency extreme risk protection order or petition for an extreme risk protection order.(5) A community member's employer shall not use a community member's acts or omissions made in good faith related to obtaining an extreme risk protection order or a temporary extreme risk protection order, including but not limited to reporting, declining to report, investigating, declining to investigate, filing, or declining to file a petition pursuant to this article 14.5 as a basis for discipline or termination.Amended by 2023 Ch. 124,§ 1, eff. 4/28/2023.Amended by 2021 Ch. 293, §6, eff. 6/22/2021.Added by 2019 Ch. 108, §1, eff. 4/12/2019.