CO SC Rules Common Use magazine ban is constitutional

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CO SC Rules Common Use magazine ban is constitutional

Postby Bruenor » Tue Jun 30, 2020 10:58 am

https://www.9news.com/article/news/loca ... ac96f1603c
Colorado's ban on large-capacity gun magazines is constitutional.

The Colorado Supreme Court issued its ruling Monday morning, ending the seven-year challenge by Loveland-based Rocky Mountain Gun Owners.


Rocky Mountain Gun Owners sued in state court, saying it violated the right to bear arms under Colorado's Constitution. Because of that, Monday's ruling is final and cannot be appealed to the United States Supreme Court.


"Plaintiffs cannot now insist that federal constitutional law controls the analysis of their case," the ruling said. In sum, under article II, section 13 of the Colorado Constitution, the government may regulate firearms so long as the enactment is (1) a reasonable exercise of the police power (2) that does not work a nullity of the right to bear arms in defense of home, person, or property."



"The Second Amendment and Article II, Section 13 just use different words, different phrases when they talk about the right to bear arms," said constitutional law attorney Christopher Jackson. "If you bring a claim under both the federal and the state Constitution, then the court might resolve the case on either of those two grounds, but if you limit it to just the state Constitution, then the court has to make a decision on what the state Constitution says."

There were two reasons Rocky Mountain Gun Owners did not challenge this federally, according to Executive Director Dudley Brown.

"The reason we didn't file it in federal court is there was already a federal court lawsuit in 2013," said Brown. "The U.S. Supreme Court was a very different makeup in 2013, and no one had a crystal ball to know what it would look like seven years later, so why would we have pushed it on that front?"
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Re: CO SC Rules Common Use magazine ban is constitutional

Postby bignflnut » Tue Jun 30, 2020 12:29 pm

Bruenor wrote:https://www.9news.com/article/news/local/next/colorados-ban-on-large-capacity-gun-magazines-found-constitutional/73-5e3fd331-e275-4773-8285-85ac96f1603c
Colorado's ban on large-capacity gun magazines is constitutional.

The Colorado Supreme Court issued its ruling Monday morning, ending the seven-year challenge by Loveland-based Rocky Mountain Gun Owners.



There were two reasons Rocky Mountain Gun Owners did not challenge this federally, according to Executive Director Dudley Brown.

"The reason we didn't file it in federal court is there was already a federal court lawsuit in 2013," said Brown. "The U.S. Supreme Court was a very different makeup in 2013, and no one had a crystal ball to know what it would look like seven years later, so why would we have pushed it on that front?"



Federally, you'll get the same result. 2013 or not...Roberts insists that the will of the ballot box sit on his desk, alone.
“A free people claim their rights, as derived from the laws of nature, and not as the gift of their chief magistrate.” Thomas Jefferson, 1774

"Avarice, ambition, revenge and licentiousness would break the strongest cords of our Constitution, as a whale goes through a net. Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other. " John Adams to Massachusetts Militia Oct 11, 1798
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