BRAUCHLER | Dangerous felons can have guns — thanks partly to our AG
Convicted drug dealers and aggravated motor-vehicle thieves can possess guns under Colorado law thanks, in part, to the support of Attorney General Phil Weiser.
Last week, during an attorney general candidate forum in Aurora, Weiser misled his audience about his involvement in rearming convicted felons and his ongoing support for it.
During the forum, District Attorney John Kellner, the Republican AG nominee, called out Weiser for opposing Kellner’s efforts to amend a 2021 law that allowed convicted drug dealers, car thieves and many other felons to legally possess firearms. Weiser was visibly and dramatically aghast at the suggestion. He chided Kellner for “misrepresenting what happened.”
Weiser confidently claimed “my office testified to take the same position John pushed for. I agree,” Weiser said, “we should not allow felons to have firearms… I fought it this past (legislative) session. People can look it up.”
So, I did. And it is not true.
On March 12, 2021, the Colorado Commission on Criminal and Juvenile Justice (CCJJ) — an organization of varied stakeholders that considers, drafts, and advocates for and against major changes to Colorado’s criminal justice laws — formally met and discussed recommending a bill to revise misdemeanor sentencing and offenses. The potential bill sought to overhaul the classification and punishment available for misdemeanor convictions. The bill, ultimately titled Misdemeanor Reform, also snuck in a major change to the felony charge of Possession of a Weapon by a Previous Offender. Under the old law, convicted felons could not lawfully possess firearms. The new law, supported by Weiser, decriminalized possession of firearms for tens of thousands of convicted felons — including those convicted of drug dealing, aggravated car theft, business burglary and organized crime.
The attorney general is a voting member of CCJJ and AG Weiser appointed Deputy AG Janet Drake to advocate for his positions. According to the meeting minutes, Weiser was present at the March 2021 meeting and “expressed his support and echoed that the recommendation should be approved….” Drake voted as Weiser directed. Colorado’s legislature passed the massive overhaul of sentencing for misdemeanor charges, including the decriminalization of gun possession by those convicted of committing serious crimes.
The victim, law enforcement and public outcry were sufficient to generate a new bill during the 2022 legislative session to readdress which convicted felons should be allowed to have guns in our community.
The proposed legislation began — as had the one it sought to fix — at the CCJJ Sentencing Reform Task Force. On Jan. 26 of this year, DA Kellner appeared and again strongly encouraged the CCJJ to re-criminalize the possession of guns by convicted drug dealers and car thieves. Supporting him in this position were the DAs from the 17th Judicial District (Adams and Broomfield counties) and the 4th Judicial District (EL Paso counties).
On Feb. 11, the full membership of the CCJJ considered the fix-it legislation. In attendance were Chief Deputy Drake — and, according to the meeting minutes, her boss, Phil Weiser. During that meeting, with Weiser in attendance, Chief Deputy Drake did far more than vote to endorse the unamended legislation that permitted drug dealers and car thieves to possess firearms. In anticipation that Kellner might convince a legislator to take action where CCJJ had refused to do so, a motion was made to declare that CCJJ would withdraw its support for the entire bill if it were amended to include drug dealers and car thieves. Drake — Weiser’s representative (in his presence) seconded that motion.
And then she voted to support that “poison pill” motion.
On March 1, Kellner testified before the House Judiciary Committee about the need to amend the bill. Afterward, Drake appeared on behalf of Weiser and encouraged the passage of the unamended bill. It passed as-is. As a result, convicted drug dealers and car thieves and numerous other felons can possess guns in our community under Colorado law.
Only five months after that legislative hearing, Weiser sat before an Aurora forum audience and made his false statements about advocating for the same position as Kellner and the shocking (for him) statement that he has fought for the proposition that “we should not allow felons to have firearms.”
This is not a matter of nuance or differing opinions. Weiser’s claim is flat-out false. Now what? Perhaps we should heed the strong advice, “if a law enforcement officer lies… is untruthful… they are not worthy of the profession.”
Ironically, it was Phil Weiser who said that — at the same Aurora forum.
George Brauchler is the former district attorney for the 18th Judicial District. He also is president of the Advance Colorado Academy, which identifies, trains and connects conservative leaders in Colorado. He hosts The George Brauchler Show on 710KNUS Monday through Friday from 6 a.m. to 10 a.m. Follow him on Twitter: @GeorgeBrauchler.

