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January 23, 2013
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Colo. sheriff: Only courts can rule on gun control

He issued a statement Wednesday criticizing police and sheriff's officials who have said they would not enforce gun-control laws they consider unconstitutional

By Dan Elliott
Associated Press

DENVER — The Colorado sheriff whose county includes the movie theater where 12 people were shot and killed last year says law-enforcement officers have no right to ignore gun-control laws unless the courts rule them unconstitutional.

Arapahoe County Sheriff Grayson Robinson issued a statement Wednesday criticizing police and sheriff's officials who have said they would not enforce gun-control laws they consider unconstitutional. Robinson said only a handful have done so.

Gun control was thrust back into the national debate after the mass shootings at the theater in the Denver suburb of Aurora in July, and at a school in Newtown, Conn., in December, where a gunman killed 27 people, mostly young children.

President Barack Obama has proposed a series of measures to curb violence, triggering a heated response from some gun-rights supporters.

Robinson said only courts — and not law-enforcement officers — have the authority to determine whether a law is unconstitutional.

For a law enforcement official to claim that authority would be the equivalent of police officers or deputies deciding that people they arrest are guilty and sentencing them to jail, he said.

"Public safety professionals serving in the executive branch do not have the constitutional authority, responsibility, and in most cases, the credentials to determine the constitutionality of any issue," he said.

Robinson said he supports gun rights under the Second Amendment.

Robinson's deputies were among the responders who rushed to the Aurora theater after a gunman opened fire, killing a dozen people and injuring 70. His deputies also are guarding suspect James Holmes in the county jail, and they escort him to and from court appearances and stand guard during hearings.

Aurora city police are in charge of the investigation.

Holmes faces multiple counts of murder and attempted murder. He has not entered a plea.

In his statement, Robinson also said that mental health and gangs do not get the attention they deserve in the debate over gun violence.

Associated PressCopyright 2014 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

Copyright 2013 Associated Press






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