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Successes in Colorado Sheriffs’ Second Amendment case
The Volokh Conspiracy ^ | July 15, 2013 | David Kopel

Posted on 07/16/2013 10:09:25 AM PDT by neverdem

This post provides an update on last week’s 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 Colorado’s 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 General’s 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 ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Extended News; Politics/Elections; US: Colorado
KEYWORDS: banglist; guncontrol; kopel; secondamendment

1 posted on 07/16/2013 10:09:25 AM PDT by neverdem
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To: neverdem; george76

Ping


2 posted on 07/16/2013 10:18:08 AM PDT by Red Steel
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To: neverdem

SUPPORT YOUR LOCAL SHERIFF!


3 posted on 07/16/2013 10:29:15 AM PDT by PATRIOT1876 (The only crimes that are 100% preventable are crimes committed by illegal aliens)
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To: neverdem

John Cooke’s signature is on my CWP.


4 posted on 07/16/2013 10:46:10 AM PDT by real saxophonist (If something is TRULY 'common sense', then a law about it is unnecessary.)
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To: neverdem

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.


5 posted on 07/16/2013 10:46:51 AM PDT by vette6387
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To: neverdem

BTTT!


6 posted on 07/16/2013 10:57:10 AM PDT by CodeToad (Liberals are bloodsucking ticks. We need to light the matchstick to burn them off. -786 +969)
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To: vette6387
"El Paso County clerk asks court to order a Sen. John Morse recall election date

Gazette ^ | July 12, 2013 | 7:20 am | Tom Roeder

Posted on Sunday, July 14, 2013 11:23:11 AM by Red Steel
El Paso County Clerk and Recorder Wayne Williams filed court papers in Denver on Thursday to demand a date for the election that could recall Colorado Springs Democratic state Sen. John Morse.
...
Now, Williams filed to intervene in Kleinsmith's suit to have the court demand an election date from Hickenlooper. A hearing is set for next week. "
http://freerepublic.com/focus/f-news/3042825/posts
7 posted on 07/16/2013 11:39:08 AM PDT by Red Steel
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To: Red Steel; MileHi; dhs12345; neverdem; ColoCowgirl; RandallFlagg; dynachrome; beaversmom; ...

Colorado Ping ( Let me know if you wish to be added or removed from the list.)


8 posted on 07/16/2013 11:51:00 AM PDT by george76 (Ward Churchill : Fake Indian, Fake Scholarship, and Fake Art)
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To: george76

Thanks George

Go David!


9 posted on 07/16/2013 3:24:57 PM PDT by MileHi ( "It's coming down to patriots vs the politicians." - ovrtaxt)
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To: PATRIOT1876
SUPPORT YOUR LOCAL SHERIFF!

Great Movie.

I think it is on NetFlix, also great, Support Your Local Gunfighter.

10 posted on 07/16/2013 6:21:02 PM PDT by itsahoot (It is not so much that history repeats, but that human nature does not change.)
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To: itsahoot

“The last time I saw him he was shoveling sh — working in a stable.”


11 posted on 07/16/2013 6:22:26 PM PDT by Publius
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To: Publius

Your point?


12 posted on 07/16/2013 11:41:35 PM PDT by itsahoot (It is not so much that history repeats, but that human nature does not change.)
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To: itsahoot

That IS a great movie!

Jack Elam was one of my favorite stars when I was a kid.


13 posted on 07/22/2013 10:30:26 AM PDT by PATRIOT1876 (The only crimes that are 100% preventable are crimes committed by illegal aliens)
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