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Colorado Sheriffs file Second Amendment lawsuit against anti-gun bills
The Volokh Conspiracy ^ | 18 April, 2013 | David Kopel

Posted on 05/19/2013 7:57:27 AM PDT by marktwain

On Friday, May 17, fifty-four Colorado Sheriffs filed a civil rights lawsuit in Federal District Court in Denver, against two anti-gun bills passed by the Colorado legislature in March. Joining the Sheriffs as Plaintiffs are the Colorado Farm Bureau, disabled persons, Outdoor Buddies (an organization that helps disabled persons participate in outdoor sports), the Colorado Outfitters Association (the trade association for hunting guides), the National Shooting Sports Foundation (the trade association for the firearms industry), magazine manufacturer Magpul, federally-licensed firearms dealers, the state’s largest shooting range, the Colorado State Shooting Association (governing body for the shooting sports in Colorado), and Women for Concealed Carry. The Complaint is available here.

The lawsuit involves House Bill 1224 (a sweeping ban on magazines, including small magazines) and House Bill 1229 (an unworkable system of background checks for temporary transfers of firearms, and for private sales). The Complaint alleges violations of the Second Amendment, Fourteenth Amendment (vagueness), and Title II of the Americans with Disabilities Act.

A 38 minute video of the press conference announcing the suit is available on YouTube. In this case, I am representing the Sheriffs.

Friday afternoon, Grand County Sheriff Rodney Johnson joined the case, bringing the number of plaintiff Sheriffs to 55 out of the 62 elected County Sheriffs in Colorado. (Denver and Broomfield have appointed Sheriffs who run the jail, but do not have the comprehensive responsibilities of the elected Sheriffs.) The Complaint will be amended next week to reflect Sheriff Johnson’s participation.


TOPICS: Constitution/Conservatism; Government; News/Current Events; US: Colorado
KEYWORDS: agenda21; altereddate; banglist; co; guncontrol; secondamendment; sheriffs
This is a most interesting lawsuit. I find the Americans with disabilities act argument to be fascinating.

It could almost be termed Alynskiesk.

1 posted on 05/19/2013 7:57:27 AM PDT by marktwain
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To: marktwain

Peace Officers, speaking up.


2 posted on 05/19/2013 8:02:36 AM PDT by Navy Patriot (Join the Democrats, it's not Fascism when WE do it, and the Constitution and law mean what WE say.)
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To: Navy Patriot

bttt


3 posted on 05/19/2013 8:13:20 AM PDT by TEXOKIE (We must surrender only to our Holy God and never to the evil that has befallen us.)
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To: marktwain

Pass a law that arrests, convicts, and imprisons anyone trying to pass anti-2nd Amendment laws.


4 posted on 05/19/2013 8:27:20 AM PDT by Jack Hydrazine (I’m not a Republican, I’m a conservative! Pubbies haven't been conservative since before T.R.)
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To: marktwain

55 of 60 elected sheriffs. Who are the other five and why have they not stepped forward?

Let’s put names and faces to the cowards.


5 posted on 05/19/2013 9:09:18 AM PDT by NTHockey (Rules of engagement #1: Take no prisoners)
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To: marktwain

God be with them!


6 posted on 05/19/2013 9:29:52 AM PDT by maxwellsmart_agent
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To: marktwain

They have my 110% support. This reflects the growing sentiment that we are all being pushed too far and the resulting push back is inevitable.


7 posted on 05/19/2013 9:45:22 AM PDT by The FIGHTIN Illini (Wake up fellow Patriots before it's too late)
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To: marktwain
marktwain said: "I find the Americans with disabilities act argument to be fascinating."

The purposeful elimination of higher capacity magazines requires those who have physical difficulties in swapping magazines to be at a disadvantage in exercising their right to keep and bear arms.

Similarly, the idiotic Kalifornia laws outlawing the use of pistol grips on semi-automatic rifles puts at a disadvantage those who would benefit from being able to handle the gun more easily by use of the pistol grip.

Such arguments ought to be a slam dunk in a nation which requires every business to build wheel-chair ramps.

8 posted on 05/19/2013 9:52:40 AM PDT by William Tell
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To: FReepers

Click The Pic To Donate

Support The Resistance, Donate Monthly If You Can

9 posted on 05/19/2013 10:01:12 AM PDT by DJ MacWoW (My faith and politics cannot be separated)
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To: marktwain
I am very proud of these Sheriffs. We the People need to support these men of courage.
10 posted on 05/19/2013 10:06:07 AM PDT by Gator113 ( ~just keep livin~ I drink good wine, listen to good music and dream good dreams.)
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To: Gator113

You are correct. Placing your career and reputation between the people and the State government is no small risk.


11 posted on 05/19/2013 10:42:32 AM PDT by marktwain (The MSM must die for the Republic to live. Long live the new media!)
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