Colorado AG Tells Sheriffs To Resign Or Enforce Red Flag Law

BY Herschel Smith
7 months ago

Via David Codrea, news from Colorado:

It’s not even the law yet, but state Attorney General Phil 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.


Comments

  1. On March 21, 2019 at 7:38 am, Mark Matis said:

    He would merely remove them one at a time. And send in his State Pigs to do so. Backed up by the Colorado National Guard, if necessary. Of course, it would be entertaining if, were he to call out the Guard, President Trump would federalize them as Eisenhower did in Little Rock. But then in that situation, there was a Federal court order to integrate. See any likelihood of a Federal court order to stop red flag?

  2. On March 21, 2019 at 8:23 am, Elmo said:

    How might they do it? They might do to the non-compliant sheriffs the same thing they tried to do to Sheriff Glenn Palmer of Grant County, Oregon. He was able to beat back the attempt to remove him from office, but it wasn’t cheap and it wasn’t easy.
    I’m certain the statists will be networking to spread this tactic to AGs like the clown from Colorado.

  3. On March 21, 2019 at 8:37 am, Pistol Pete said:

    Thought a sheriff was voted in by We the People, is it different in Co.? Will the citizens allow the ag to nullify their votes based on his own agenda? The ag is the one that should be asked to step down.

  4. On March 21, 2019 at 9:06 am, David said:

    Any sheriffs who DO support it should resign.

  5. On March 21, 2019 at 9:08 am, mtnforge said:

    Think your right Captn on that last. It sure would be a defining moment of some kind, constitutional officers of the Law, if they are elected in Colorado, against the usurpations of appointed tyrants and hired mercenaries.
    That AG is most likely part of George Soros’ Attorney Generals Project, or a globalist derivative of using the unimpeachable political power of AG’s offices to impose a variety of dicktat.
    That is exactly what the globalist scumbags tried in Connecticut, and everyone refused to comply with turning in their rifles.
    So Colorado county sheriffs are up against two unique usurpations now.
    Typical statist’s doubling down when your total lunacy fails, reinforce it with more fail. It’s gotta work sometime. But it also proves how demented these scumbags are. They have after all been anointed with special divine rights which gives them totalitarian powers which can not be questioned or denied.
    Even more insane is there is an entire system of “elected representatives” who have gone total double down.
    Some moments it hard to grasp the scope of that collective insanity. All of them think they have specials powers.
    Exactly in no uncertain terms what they are trying to take from every one is intended to use to shoot every one of them.
    I always figured they called our combat rifles, and mighty fine ones they are, “Assault Rifles” because they fear we will use them to assault them for what they are doing to us.
    Something not to far from the truth in every respect.

  6. On March 21, 2019 at 9:35 am, Kuffar said:

    State Patrol and the Co National Gurad will not enforce removal of elected Sheriffs if they value their skin. Try that in Custer County or Weld and they will have a gallows set up for those who survive. By the way they live in Colorado. How long do you think their houses will stand before they go up in flames?

  7. On March 21, 2019 at 9:42 am, Heywood said:

    In CO as in most states, the Sheriff is THE highest ranking law enforcement officer in the state. Period. Staties are nothing more than traffic cops. So that would be a fuuuuuuun battle to watch.

  8. On March 21, 2019 at 10:33 am, Charley Waite said:

    I don’t see this same kind of ultimatum in Blue states that don’t enforce immigration policy. When that happens, then speak to me about the rule of law

  9. On March 21, 2019 at 10:52 am, Jim Wiseman said:

    I had to read part of that twice. Commissions who ignore unconstitutional laws are on “solid ground?” I guess that only applies to unconstitutional laws he doesn’t like.

  10. On March 21, 2019 at 11:00 am, robert orians said:

    I can see the rocks and boulders raining down from the overpasses in Colorado from here if the law is enforced . Then I suppose a big push to register rocks ? It won’t be pretty but it is time to stand .

  11. On March 21, 2019 at 11:06 am, I R A Darth Aggie said:

    If any Coloradan wants this law over turned quickest, enforce it against a seated legislature member, or state-wide elected official. Find one or more of those nitwits who are also gun owners, and red flag their ass.

  12. On March 21, 2019 at 11:48 am, Bill said:

    AG is big until he is found with a bullet in his head. Then what would the governor do?

  13. On March 21, 2019 at 11:50 am, Richard Raymond said:

    https://www.thenewamerican.com/usnews/crime/item/31688-son-of-weather-underground-terrorists-running-for-san-francisco-da-is-soros-funding-him

  14. On March 21, 2019 at 11:55 am, MTHead said:

    And, once again the SOCTUS has ruled several times that police are under no obligation to enforce anything.
    They can watch someone murder you, and do nothing. (Parkland, anyone?). the sheriffs are on solid ground.

  15. On March 21, 2019 at 12:38 pm, Jack said:

    The AG has one critical problem – he’s already on record as being willing to defend sanctuary city policies – i.e., defend city officials for refusing to enforce the law.

    It will be hard to justify the contradiction.

  16. On March 21, 2019 at 2:22 pm, Gryphon said:

    This is, and will Remain entertaining Speculation until a State moves against a Sheriff / ‘gun sanctuary’ County. My Bet is the State will ‘target’ a Sheriff that they know is a weak-willed individual, and Roll him as an Example to the Rest. Unless a significant number of Citizens turn out, Shooting, the State will enforce its Edicts on any and All ‘public officials’, ‘Elected’ or Not.

  17. On March 21, 2019 at 3:02 pm, Fred2 said:

    I imagine Sheriffs could threaten state agents attempting to enforce this law with arrest and imprisonment in the county.. I am sure a posse of willing men could be deputized..

  18. On March 21, 2019 at 4:00 pm, Survivor said:

    Sheriff Richard Mack refused to act on the Brady bill, then got involved (via the NRA) with a suit that went to SCOTUS. This caused him a LOT of stress. Much later, I’ve heard him say that knowing what he knows now, he should have just refused to comply with an un-constitutional order. The Sheriff is the highest LEO power (as other have stated) and can arrest any outside “force” that decides to challenge his/her authority.

  19. On March 21, 2019 at 5:19 pm, tuppergun said:

    I know that our county sheriff will have thousands of his voters standing with him. It wont turn out like they think it will.

  20. On March 21, 2019 at 10:13 pm, MTHead said:

    Money is the states only real weapon, and they will use it.

  21. On March 22, 2019 at 6:33 am, John Henry Eden said:

    Phillip Jacob Weiser. Every damn time!

  22. On March 23, 2019 at 8:34 am, Misty Lynn Smiythe said:

    Be thankful you do not live here in Upstate NY. It is as corrupt as a Somali village with Warlord Cuomo and his ilk now legalizing infanticide and confiscating guns

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You are currently reading "Colorado AG Tells Sheriffs To Resign Or Enforce Red Flag Law", entry #20787 on The Captain's Journal.

This article is filed under the category(s) Gun Control and was published March 20th, 2019 by Herschel Smith.

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