DENVER (KDVR) — In the wake of the Club Q shooting, Gov. Jared Polis suggested that more people in the state should be able to file to have a potentially dangerous person surrender their guns.

The Problem Solvers have confirmed that an extreme risk protection order — the formal title of the firearm surrender order allowed under the state’s red flag law — was not filed against the Club Q shooting suspect after a standoff with El Paso County Sheriff’s deputies last year.

Polis spoke about the red flag law on “Face the Nation” on CBS on Sunday, suggesting district attorneys could be more involved in those cases.

“I’m sure what will be looked into is: Why wasn’t it pursued? I think what we’re gonna look at in Colorado is potentially expanding that so DAs can also seek extreme risk protection orders,” Polis said.

Who can file for a red flag order in Colorado?

Under the current law, only law enforcement, a roommate or a family member may file for an extreme risk protection order.

Charges were dropped for the 2021 incident that involved Club Q shooting suspect Anderson Aldrich. On that day, the suspect’s mother called 911 to say her son was making threats about a homemade bomb. After a standoff, which Aldrich live-streamed, deputies arrested him on two counts of felony menacing and three counts of first-degree kidnapping.

It’s unclear why the charges were dropped in that incident. A new Colorado law bars public access to the case. FOX31 is part of a media coalition suing to have those details unsealed.

McCann, Brauchler weigh in on red flag law

When it comes to district attorneys having this ability, FOX31 spoke with legal analyst George Brauchler and Denver District Attorney Beth McCann.

McCann is in favor of the move.

“To me, it would be kind of a joint discussion,” McCann said. “I think we would speak to law enforcement if we were thinking about filing an ERPO. We would work with the city attorney’s office.”

But Brauchler, a former district attorney himself, has a different perspective.

“Those first-line responders, the people whose lives are at risk all the time, the sheriffs, the police officers, town marshals, I just presume those people are in the best possible position to make this decision,” Brauchler said.

McCann said DA offices may have more time to look into these cases to file an ERPO, but she mentioned it’s a serious bar to clear that a person is an imminent danger and should not possess a firearm.

One lawmaker who wrote the bill told FOX31 that they’ll certainly look into expanding who can file for a red flag order in the coming legislative session.