Victims of the 2022 Club Q mass shooting sue Colorado county for not enforcing red flag law against shooter

Victims and family members of those killed in the 2022 mass shooting at the LGBTQIA+ Club Q in Colorado Springs have sued the El Paso County Board of Commissioners and others, alleging authorities could have prevented the shooting if they had enforced the state's "red flag law" against the gunman.

The two lawsuits were filed on November 17, two days shy of the second anniversary of the attack. One was filed by the families of the dead victims and five victims themselves – a second was filed by Barrett Hudson, who sustained seven gunshot wounds. Both suits were filed in US District Court.

"The shooter had a history of violent threats and behavior that clearly warranted intervention," the suits say.

The red flag law, officially known as the Extreme Risk Protection Order, was enacted in 2019 and allows for a family member, a roommate or law enforcement to petition a judge to temporarily seize a person's firearms if they are deemed a risk to themselves or others.

The suits allege that, despite the shooter's "history of violent threats and behavior that clearly warranted prevention ... El Paso County law enforcement failed to invoke the Red Flag Law, in light of policies against its use."

In 2019, a year before the law came into effect, the Board of El Paso County Commissioners approved a resolution to designate the county a so-called Second Amendment Sanctuary. The county was among dozens in the state to make the declaration, pledging to "actively resist" the bill, arguing it violates Second Amendment rights.

At the time of the passing of the law in 2019, then-El Paso County Sheriff Bill Elder publicly voiced opposition, telling CNN affiliate KOAA, "We're going to be taking personal property away from people without having due process." Elder, named in both lawsuits, was among around a dozen Colorado sheriffs who opposed the law at the time.

In 2020, the Sheriff's Office issued its red flag statement that said "Absent probable cause and a signed search warrant, members of the Sheriff's Office will not conduct searches for firearms." The Sheriff's Office said it was their policy to "respect and protect the constitutional rights of all those we serve."

The suits allege that Elder "created or increased the danger" by allowing the gunman to retain access to weapons and materials necessary to carry out mass violence, despite the shooter's arrest, criminal charges and "expressed intent to commit a mass shooting."

In 2021 , the gunman was charged with felony menacing and first-degree kidnapping after allegedly making a bomb threat. But those charges were later dropped, and the records were sealed.

The suits allege that "Elder knew or should have known that the shooter's request to recover firearms indicated a continued and escalating threat."

"This deliberate inaction allowed the shooter continued access to firearms, directly enabling the attack on Club Q," the families' suit alleges.

Families and victims also sued Club Q and its owners, alleging they allowed for security shortfalls at the venue "despite the increased awareness for greater security at LGBTQIA+ nightclubs."

Both suits allege that in the years leading up to the shooting, Club Q reduced its security team from five employees including an armed guard, to one, who also served multiple roles at the club including as a food runner and barback.

CNN reached out to El Paso County, the El Paso County Sheriff's Office, Elder and Club Q for comment. Elder told CNN affiliate KMGH he will not comment on the suits.

The shooting killed five people : Daniel Aston, Raymond Green Vance, Kelly Loving, Ashley Paugh and Derrick Rump. It injured 19 others.

Anderson Lee Aldrich pleaded guilty to a series of state and federal charges that will see him spend the rest of his life in prison.