Colorado Attorney General Phil Weiser reminded local law enforcement that they swore an “oath to uphold the rule of law” in a statement Thursday. The reminder comes after numerous counties have passed resolutions denouncing “red flag” gun control legislation that’s expected to pass.
House Bill 1177 would allow family members or law enforcement to petition a judge to issue a temporary extreme risk protection order (ERPO) for a person thought to be a threat, after which the person’s weapons could be temporarily seized for up to a year.
Weiser supports the bill and said he believes “it passes constitutional muster.”
“A number of Colorado jurisdictions have passed resolutions denouncing this measure,” he said. “As some sheriffs in those jurisdictions have stated, such resolutions cannot and do not override a valid judicial order implementing state law, such as one that could be issued under an ERPO law.”
“Our nation and state depends on the rule of law. All law enforcement officers swear an oath to uphold the rule of law,” Weiser added. “I am confident that when and if the time comes, all law enforcement officials will follow the rule of law.”
Rally for our Rights, a pro-Second Amendment grassroots group, says that as of Tuesday, at least 16 counties have passed “Second Amendment sanctuary” resolutions in response to the legislation. Several other counties are considering passing similar resolutions.
The bill passed the House last week and was to be considered in a Senate committee on Friday.
El Paso County Sheriff Bill Elder said last week his office would consider legal action against the bill if passed.