Skip to comments.Colorado Supreme Court upholds 2013 large-capacity gun magazine ban as constitutional
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 states 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 Courts 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 states sheriffs had filed briefs in support of overturning the ban, though law enforcement agencies are exempt from the law.
But she wrote in the courts opinion, We disagree. We conclude that Plaintiffs interpretation of the definition of large-capacity magazine is inconsistent with the provisions 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 Courts ruling upheld the court of appeals ruling.
Im 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. Ill keep working day in and day out to fight the epidemic of gun violence.
This is a developing story and will be updated.
Hexmag now makes 15 round AR mags, sized like a 30 round, specifically for sale to Colorado and another state.
[[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. ]]
Well lawyers- put it before the court then
“....Justice Monica M. Márquez wrote in the opinion....”
Nough said, right there.
what a shame we are afflicted with such anti-American “judges” who constantly subvert the US Constitution and our individual liberties (that our fore-bearers fought so many times to establish, protect, and preserve for us)
“judges” like this should be arrested, tried, and imprisoned!
It is worse than you think.
Buy some “repair kits” or some 30 rounders just have a rivet blocking the spring at 15 rounds. Rivet disappears and.....
Fortunately, as opposed to these turds, the people don’t find it “constitutional”. Thank you California and Hickenlooper.
“the right to bear arms in self-defense”
The Mexican Abogado clearly doesn’t understand the Second Amendment if she makes such a statement
That’s what happens when you abandon your rights to foreigners
Recent events have made clear that the bans on full auto weapons is an unconstitutional restriction which is impacting the well-regulated militia of the nation.
The stupidity here with this law is so stupid it’s an insult to stupid people. 1st, BAD people who do BAD things with firearms do not obey the law putting everyone else in grave danger (Duh!). 2nd, how did they come up with 15 round limitation ? why not 10 ? 5 ? 2 ? This legislation just reeks “liberal BS” feel good.
3rd, what are out of state people who have legal owned firearms with reciprocal conceal carry licenses supposed to do traveling through the state with magazines of a larger capacity (very common) ? 4th, what keeps bad people from having eight 15 round magazines on their person to do bad things ?
Wonder what her girlfriend looks like.
“Hexmag now makes 15 round AR mags, sized like a 30 round,”
So it’s twice as long as it needs to be? It that just for style and appearance?
Basically, yeah. Or to fit better in mag pouches.
“...Wonder what her girlfriend looks like....”
When they look in the mirror, they hate the world....
“....It is worse than you think.....”
Naaaa. I figured I had it about right....right from the start.
It’s a stupid rule and sooooo many ways to get around it legally.
As an above poster said: It’s just insane lib “feel good” BS.
...is Dudley Brown, a self-important azzhole who is the reason we don't have 30 round mags. There was a chance to compromise on that, but it wasn't "pure enough" for him because the worthless drum mags would still be banned.
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