Attorney General Phil Weiser gives support for extreme risk protection orders legislation

The bill provides a valuable law for enforcement, will save lives

Feb. 21, 2019 (DENVER, Colo.) — Attorney General Phil Weiser today said HB19-1177 is constitutional and he supports the legislation because it is an effective tool for law enforcement and would save lives.

The bill creates the ability for a law enforcement officer, or a family or household member to petition the court for a temporary extreme risk protection order (ERPO) when they can demonstrate that a person poses a significant risk to themselves or others by having a firearm in his or her custody or control or by possessing, purchasing, or receiving a firearm.

“What is essential to keep in mind is that HB19-1177 is designed to save lives, and that it will save lives. According to one study that evaluated ERPOs in other states, researchers estimated that one life was saved for every 10 to 20 ERPOs issued by the court. For this reason above all others, I strongly support HB19-1177,” says Weiser in a letter to House Judiciary Committee Chairman Mike Weissman.

Weiser also said the bill is constitutional because it aligns with the U.S. Supreme Court’s decision in District of Columbia v. Heller, where the court made clear that reasonable restrictions on categories of persons, including those struggling with mental illness, are permissible under the Second Amendment.

“In light of the above, and the successful implementation of ERPO-like measures in several states, we believe that HB 19-1177, as drafted, is a proper and appropriately drafted regulation that is consistent with the Second Amendment’s requirements,” said Weiser.

Weiser’s letter to Chairman Weissman can be found here.

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Lawrence Pacheco, Director of Communications
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Email: Lawrence.pacheco@coag.gov