Posted on 06/29/2020 11:12:08 AM PDT by real saxophonist
Colorado Supreme Court upholds 2013 large-capacity gun magazine ban as constitutional
By: Blair Miller
DENVER – The Colorado Supreme Court upheld the state’s ban on large-capacity gun magazines as constitutional in a ruling issued Monday nearly seven years after the law passed in the wake of the Aurora theater shooting.
“The legislation is a reasonable exercise of the police power that has neither the purpose nor effect of nullifying the right to bear arms in self-defense. Accordingly, the court affirms the judgment of the court of appeals,” Justice Monica M. Márquez wrote in the opinion.
Rocky Mountain Gun Owners and other gun advocates in 2016 sued over the law, which banned gun magazines that hold more than 15 rounds, in 2016, arguing that Coloradans’ constitutional right to bear arms was violated by the magazine ban contained in House Bill 13-1224, which was passed by lawmakers and signed by then-Gov. John Hickenlooper in 2013.
The law, and others related to guns in Colorado, were passed after the 2012 Aurora theater shooting, in which the shooter used a large-capacity magazine and killed 12 people.
But RMGO challenged the law under Article II, Section 13 of the Colorado Constitution rather than the Second Amendment to the U.S. Constitution, meaning that the Colorado Supreme Court’s ruling cannot be appealed to the U.S. Supreme Court.
The attorneys for the gun groups had argued that the law could be construed to “ban practically all detachable magazines,” as Márquez wrote. About half of the state’s sheriffs had filed briefs in support of overturning the ban, though law enforcement agencies are exempt from the law.
But she wrote in the court’s opinion, “We disagree. We conclude that Plaintiff’s interpretation of the definition of ‘large-capacity magazine’ is inconsistent with the provision’s plain text because it ignores the narrowing language, ‘designed to be readily converted to accept[] more than fifteen rounds of ammunition.”
“Because Plaintiffs do not challenge HB 1224 under the Second Amendment, we do not address whether the legislation runs afoul of the federal constitution. That separate question is simply not before us,” the court wrote.
A district court and the Colorado Court of Appeals both previously found that the law was constitutional, so the Supreme Court’s ruling upheld the court of appeals’ ruling.
“I’m encouraged to see the Supreme Court uphold the 2013 large capacity magazine ban,” said Rep. Tom Sullivan, D-Centennial, whose son was killed in the Aurora shooting. “Gun violence has ravaged our state and our nation, and I came to the legislature to work to put an end to it. Large capacity magazines like the 100 round drum that was used on the night my son Alex was murdered can cause devastating carnage and have absolutely no place on our streets. I’ll keep working day in and day out to fight the epidemic of gun violence.”
This is a developing story and will be updated.
Look like a couple of cops I’m aware of in my home town.
Oh I don’t trust Roberts a little bit. But I do trust Thomas and Kavanaugh. And I know Alito and Gorsuch will go our way on 2A cases. And apparently Thomas and Kavanaugh believe they have a fifth vote or else they wouldn’t be demanding the Supreme Court take these cases.
With mob rule from dingbats like these two, I am going to buy more 30 round magazines and give them to my dog who already owns dozens of them...
This needs to go to the USSC since they are banning protected armaments.
BTW, few give a rats ass about this law. Guns stores routinely sell high capacity magazines. The law was written by liberals who are notorious imbeciles and it says if you already have them then you can keep them. This means since magazines do not come with a date stamp that all high capacity magazines are legal. I’ve bough multiple firearms with magazine capacities beyond the Colorado idiotic limit.
Somewhere, Rachet Madcow is salivating.
I would expect that outside of Denver and Boulder, this law is universally ignored.
BUT NOOOOOOOOOOOO................ safety for you!
Surprise, surprise,surprise.
I’ve declared my home an autonomous zone. All magazines are welcome, even those few oddball stripper clips too. Just to show we’re all inclusive, firearms without detachable magazines such as shotguns are also welcome. Even firearms without magazines such as revolvers or break at the breach single and double barrel shotguns are welcome. Heck, I’ll even allow muzzle loaders.
Ahem....”domestic partner.”
Where are "police powers" in the Constitution? Americans fought a war to get rid of that kind of thing.
Colorado revolt: 55 of 62 sheriffs refuse to enforce new gun laws
I think I'll go with "Sheriff's Powers" myself.
Some plastic mags do come with a date stamp right down to the day and hour of manufacture. I bought a bunch of plastic 20 rd. and 30 rd. SKS mags before the new law. That should actually help me if they ever tried to prosecute me.
It also means you could shop online or at gun shows specifically for pre-July’13 mags.
FWIW none of my steel mags have dates and your point is well taken on that.
Glocks have 100 round magazines available. $300.00 and I saw a 50 rounder on line for $$49.00 the other day.
The opportunity to do this has passed. Gun owners should've demanded this when the GOP controlled both the House and Senate. Instead, we were thanked for our steadfast and unwavering support with a bumpstock ban.
Now, California's ballot harvesting laws have ensured the GOP will likely never control the House again. So much for rolling back gun laws.
Probably should wait until Roberts is outnumbered first...
Congress is a fickle beast filled with sycophants and liars who will move whichever direction the general wind blows. They can’t be trusted past the next lunatic’s rampage.
What we need is President Trump getting one or two more picks in the Supreme Court. Landmark cases there last for generations. Hard and fast rulings striking down unconstitutional restrictions on the Second Amendment will echo in every legislative chamber and courtroom across the country for decades to come. Forget Congress. Every effort must be put into the President and the Supreme Court.
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