Colorado AG Tells Sheriffs To Resign Or Enforce Red Flag Law
BY Herschel Smith
13 hours, 44 minutes ago Via David Codrea, news from Colorado:
It’s not even the law yet, but state Attorney General Phil (big nose) Weiser is already telling sheriffs to resign if they follow locals laws passed in 26 counties that declared themselves 2nd Amendment sanctuaries.
But wait, there’s more.
Weiser blinked.
He
also said this during his testimony in favor of the bill at a state Senate committee meeting:
“Any commission that says ‘I don’t want my sheriff upholding an unconstitutional law,’ they’re on solid ground,” Weiser said, adding that he expects the question to go before a court.
But Weiser, whose job it is to defend Colorado statutes, says he believes that if the red flag bill becomes law as expected and is challenged, it will be found to be constitutional and therefore must be enforced.
So county commissions passing the sanctuary laws and the sheriff’s following that order, are totally within the law to thumb their nose once the state bill becomes law, Weiser concedes.
And the bill is certain to become law, once it skips through a second state Senate panel and floor passage, and Gov. Polis signs it.
But the sheriffs have wiggle room until the constitutionality is tested in what could be a lengthy court battle.
I’m not certain he has the authority to demand enforcement of anything, much less something that runs so afoul of the constitution. Exactly how he would enforce his edict that Sheriffs enforce red flag laws isn’t clear because he doesn’t say.
What is he going to do – send the state police after Sheriffs in 2A sanctuary counties? LEO versus LEO? What is he going to do if Sheriffs completely ignore the edicts of a judge – send state police after Sheriffs? LEO versus LEO? Frankly, he sounds like a lawyer that’s gotten a little too big for his britches. He needs to be knocked down a notch or three.