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Attorney General Phil Weiser’s statement regarding local enforcement of extreme risk protection orders

Mar. 14, 2019 (DENVER, Colo.) — Attorney General Phil Weiser released the following statement regarding the local enforcement of extreme risk protection orders, legislation that is currently being considered by the Colorado General Assembly:

“The Colorado legislature is now considering legislation to establish an Extreme Risk Protection Order (ERPO). This measure would provide a process for law enforcement and certain individuals to request that a firearm be removed from an individual who is a danger to others or to him or herself.  This procedure, now in place in numerous states, has saved lives and is supported by leaders in Colorado’s law enforcement community. I support this measure and, as I explained in a letter to the House Judiciary Committee, I am confident that it passes constitutional muster.

“A number of Colorado jurisdictions have passed resolutions denouncing this measure. 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. I am confident that when and if the time comes, all law enforcement officials will follow the rule of law.”

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