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The Colorado Attorney General testified that sheriffs who swore not to enforce the "red flag" anti-gun laws had to "resign" – a challenge that threatened to escalate the tension between police officials State and local leaders who so-called second amendment "sanctuaries" to resist legislation.
Democrat Phil Weiser made the remarks, which were first reported by the Colorado Sun, during his testimony before a state committee on Friday. Weiser said the Red Flag Act, which would allow a court to seize weapons belonging to people deemed to pose a threat to others or themselves, would save lives, especially in situations of domestic violence .
"If a sheriff can not follow the law, he can not do his job," said Weiser. "The right thing to do for a sheriff who says," I can not follow the law "is to resign.
In a statement to Fox News on Wednesday, Weiser refrained from repeating this challenge, but urged sheriffs to voice their concerns in a "proper place".
Phil Weiser, seen here in October 2018, said sheriffs reluctant to enforce Colorado's "red flag" bill should resign.
(AP Photo / David Zalubowski, File)
"In my testimony last Friday, I was asked what would happen in the likely case where our courts declare the [‘red flag’] constitutional and valid, but a law enforcement officer still refuses to execute a valid court order in accordance with a constitutional law of this type, "said Weiser." My experience with law enforcement officials is that they take an oath to enforce the law very seriously. I am confident that Colorado law enforcement officials will honor validly issued judicial warrants under constitutionally valid laws. If an individual wants to oppose the passing of a law, the legislator is the right forum. If anyone wants to challenge a law as unconstitutional, that's his right, and our courts are the proper place.
The bill proposed by the House, Bill 1177, is expected to be passed in the Colorado Legislature and approved by Democratic State Governor Jared Polis. The petitioners, under oath, must establish by a "preponderance of the evidence" – a relatively lax legal standard essentially meaning that something is "more than probable" – that a person "presents a significant risk to or for others to have a firearm in their custody or control or in possession, buying or receiving a firearm. "
An emergency hearing must be held within 24 hours. If a judge makes an "Extreme Risk Protection Order" (ERPO), it will be forbidden for any person "to possess, control, purchase or receive a firearm for 364 days". and must "surrender all his firearms and his concealed carry permit".
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Accused can override ERPO only successfully by establishing "clear and convincing evidence" – a binding legal standard – "that he or she no longer represents a significant risk of personal harm or for others ".
"Because ERPO will be respected by the Constitution, every sheriff will be held and, I believe, will maintain a law under this law," said Weiser at the Senate Committee of the State.
Several other states are considering adopting similar laws, and state counties as far apart as New Mexico and Illinois have responded by creating second-amendment sanctuaries, giving rise to court challenges . But Weiser's comments were perhaps the most direct repudiation by state officials of local leaders who had resisted their gun control efforts.
Similar laws on the red flag have been passed since 2018 in Delaware, Florida, Illinois, Massachusetts, New Jersey, the State of New York, Rhode Island and Vermont. Connecticut, California, Indiana, Oregon, and Washington State had adopted red-flag versions before mass shooting at Marjory Stoneman's High School in Douglas. Parkland, Florida, in February 2018.
The Conservatives said the Colorado legislation should be more focused on providing mental health services and warned that the bill would only discourage people in distress from seeking help. Critics say lawmakers should instead work to expand and improve the state's existing 72-hour mental health care detention provisions.
"The 72-hour restraint test is that you represent a danger to yourself and to others," said John Cooke, Senate Chief, Chief of the State Minority, and Republican former sheriff. – enter and take his firearms. But the problem is that you leave the person at home. There is a confiscation of a firearm and his sanity is really inadequate. So, if you take the weapon, you must take no one instead if they are also dangerous. "
A man is wearing a patriotic cowboy hat at a rally for gun rights in the capital on Saturday, April 14, 2018 in Austin, Texas. Gun rights supporters have rallied across the United States to counter a recent wave of student-led demonstrations against gun violence. (AP Photo / Eric Gay)
(AP Photo / Eric Gay)
Weld County Sheriff Steve Reams told Fox News that Weiser could actually hike.
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"If you pass an unconstitutional law, our oaths as commissioners or myself as sheriff, we will first respect our constitutional oath," said Reams, whose county commissioners recently voted to become a "sanctuary," said Fox News. "And we will do this exercise of balance ourselves."
On Wednesday afternoon, the Logan County, Colorado, commissioners became the ultimate culprits to adopt such a sanctuary measure. The vote among the commissioners was unanimous.
"It's time to stop trying to put lipstick on a pig and start funding our mental health facilities, instead of trying to deprive our citizens of their rights," said Logan County Sheriff, Brett Powell, in a public address before the vote.
He added that the search of the forces of the order is generally acceptable only at the time of criminal investigations.
"In Colorado, it's not a crime to hurt yourself," Powell said.
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According to a list by Rally for Our Rights, a non-profit association, 22 counties in Colorado became "second amendment sanctuaries" last month, including El Paso County, one of the largest in the country. # 39; State.
Last week, El Paso pledged to challenge the Colorado case if necessary and pledged not to "allocate funds, resources, employees or agencies to unconstitutional seizures in the United States. El Paso County unincorporated ". Sheriff of El Paso County, Colorado, and collaborate with the sheriff to refuse to initiate unconstitutional actions against citizens. "
El Paso Commissioner Stan VanderWerf called on Democratic State leaders to change course.
"I would ask Governor Polis to refuse to sign it," said VanderWerf, "because of the unconstitutionality of the bill as it stands. No governor or senate should deliberately legislate or legislate to violate a set of documents protecting our rights. "
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