Skip to comments.Successes in Colorado Sheriffs’ Second Amendment case
Posted on 07/16/2013 10:09:25 AM PDT by neverdem
This post provides an update on last weeks developments in Cooke et al. v. Hickenlooper. This is a lawsuit filed May 17 in federal District Court in Denver, challenging two gun laws enacted by the state legislature in March. In the case, I represent 55 of Colorados 62 elected Sheriffs, plus one retired police officer. Other plaintiffs, with their own attorneys, include the Colorado Farm Bureau, Outdoor Buddies (which helps disabled people participate in outdoor sports), the Colorado Outfitters Association (trade association for hunting guides), federally-licensed firearms dealers, the National Shooting Sports Foundation, and others. We argue that House Bill 1224 (magazine ban) and House Bill 1229 (background checks and paperwork on temporary loans and private sales of firearms) violate the Second and Fourteenth Amendment, and the Americans with Disabilities Act.
On June 12, we filed a motion for a preliminary injunction on two narrow issues in the magazine ban.
1. The magazine ban outlaws magazines which accept more than 15 rounds of ammunition. The ban also applies to magazines which are designed to be readily converted to hold more than 15. We argued that the designed language was unconstitutionally vague, in violation of the 14th Amendment, and to the extent that the language had any clear meaning, it violated the Second Amendment.
2. To qualify for grandfathering, a person must fulfill two requirements. First: own the magazine on July 1. Second: maintain continuous possession thereafter. We argued that continuous possession was unconstitutionally vague, and that what meaning it did have (according to the Attorney General) violated the Second Amendment.
On the eve of the July 10 preliminary injunction hearing, the plaintiffs attorneys and the Colorado Attorney Generals office reached an agreement which resulted in new Technical Guidance being published by the Attorney General on July 10. The new guidance...
(Excerpt) Read more at volokh.com ...
SUPPORT YOUR LOCAL SHERIFF!
John Cooke’s signature is on my CWP.
They have Colorado “lawmakers” on the run! Two will be recalled for starters, and I am betting that the “laws” they wrote in haste will be found to be unconstitutional. The only thing left will be for the voters to turn out more RATs from public office and maybe have a bunch of counties form a new state.
Colorado Ping ( Let me know if you wish to be added or removed from the list.)
I think it is on NetFlix, also great, Support Your Local Gunfighter.
“The last time I saw him he was shoveling sh — working in a stable.”
That IS a great movie!
Jack Elam was one of my favorite stars when I was a kid.