Weiser defends constitutionality of extreme risk protection order law in Larimer County case

April 3, 2020 (DENVER, Colo.)— Attorney General Phil Weiser released the following statement regarding a brief his office filed in a constitutional challenge to the extreme risk protection order law in Larimer County:

“Colorado’s extreme risk protection order law was designed to give law enforcement a valuable tool to use in a targeted way to keep guns out of the hands of dangerous people and to save lives. That’s exactly what happened in this case in Larimer County: an investigator with the Larimer County Sheriff’s Office obtained an order against David Gatton because he threatened to use guns to carry out attacks against people once he was released from custody.

“The U.S. Supreme Court said in District of Columbia v. Heller that the U.S. Constitution permits reasonable restrictions on access to firearms, including by felons and the mentally ill. This is why courts have consistently upheld the constitutionality of extreme risk protection order laws.

“Colorado’s law guarantees due process and requires that a judge decide whether someone poses a significant risk to themselves or others before restricting access to firearms. According to judicial records, courts have issued such orders in only 18 cases since the law went into effect. It also has safeguards in place to prevent the misuse of this procedure, which resulted in the prompt dismissal of another case in Larimer County earlier this year.

“In Colorado, we will protect the constitutional rights of gun owners, honor due process, and save lives by defending this common-sense public safety measure when necessary.”

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Contact: Lawrence Pacheco

Director of Communications

Mobile: (720) 245-4689

lawrence.pacheco@coag.gov