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July 1, 2014 |
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Colorado Law Updates |
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Dear Coloradans,
On June 26th, in the case of Colorado Outfitters Association et. al. v. Governor John Hickenlooper,
Civil Action No. 13-cv-01300-MSK-MJW, the U.S. District Court of
Colorado ruled that last year�s laws prohibiting high capacity magazine
restrictions and requiring private party background checks were did NOT
violate the 2nd Amendment. This action has had a particularly
interesting history when it comes to the parties involved; click here to see U.S. Law Shield�s previous video on the sheriffs that were dismissed from the case.
The Court�s Reasoning
The court tackled two issues: whether Colorado�s high
capacity magazine regulations and background check requirements violated
the 2nd Amendment. Both the plaintiffs and the defendant argued over
whether the regulations either did or did not impact the right to
self-defense. The court, however, stated that it was not an issue of
impacting the right to self-defense (as this does not appear in the 2nd
Amendment itself), but whether it impacted the right to keep and bear
arms (which is a condition precedent to self-defense). It cited the
Supreme Court in the case of D.C. v. Heller, which described the right
to keep and bear arms as �the right to possess those weapons that are in
common use for self-defense purposes.� 554 U.S. at 612. The question
then becomes, according to the district court, did these Colorado
regulations burden the right of individuals to possess handguns for
self-defense (the court seemed to focus on handguns, and not rifles, in
their discussion).
With regard to high capacity magazines, the court
stated that it was not an issue about whether or not semi-automatic
handguns could be used, but how often it must be reloaded. It then
simply stated that the cases and evidence introduced by the plaintiffs
was not enough to establish that the ability of persons to defend
themselves is seriously diminished if they are limited to a 15 round
magazine. The court conclude that the evidence showed that the �brief
pause� to reload or access another weapon in a self-defense scenario is
relatively rare, and that the court did not believe that it adversely
affected one�s success in self-defense.
The court, in a twist of legal logic, upheld the ban
by actually citing the argument used by one of the plaintiff�s own
expert witnesses, Massad Ayoob. The court cited his testimony in support
of the government�s arguments. The court stated that large capacity
magazines are used in gun violence and mass shootings, and that shooters
will shoot continuously until the weapon runs out of ammunition
(creating a pause that allows people to escape). In Mr. Ayoob�s
statements that most students have a �spray and pray mentality,� the
court uses this as evidence to support its opinion. The court also cited
the fact Ayoob could only name 3 cases where individuals fired more
than 15 rounds in self-defense, and that he trains his students to think
as if the magazine capacity were smaller than its actual size to avoid
spray and pray, in support for the State of Colorado�s assertion that
the high capacity magazine ban did not negatively impact self-defense.
Finally, with regard to high capacity magazines, the
court concluded that there was a substantial relationship between the
important governmental policy of reducing gun violence and this high
capacity magazine regulation, and therefore it was constitutional.
Note that this is not a conclusion based on the
success of the regulation, but is instead conclusion on the
�intermediate scrutiny� test for constitutionality, which requires that
the law or policy furthers an important government interest in a way
that is substantially related to that interest. In other words, this is
only a test for whether there is a substantial relationship, not whether
or not it will actually work.
With regard to the background checks on private sales,
the court stated that the requirements on private gun sales were not
any harsher than those on purchases from a licensed firearms dealer.
Further, there was no evidence introduced that most dealers would not
perform the private background checks. The court determined that the law
is substantially related to the Colorado legislature�s important
purpose in restricting firearm possession by ineligible persons, and
therefore it did not infringe on the 2nd Amendment.
Practical Repercussions of the Court�s Decisions
What does this practically mean for firearm owners in
Colorado? In the short term, this decision means that these laws are
still in place and must be followed to avoid any unwanted, unfriendly
attention from law enforcement; i.e., getting arrested! In the
long term, the plaintiffs have stated that this decision will certainly
be appealed (a process that could take many years to come to fruition,
and could also still result in a loss). However, the real message is
that it is up to the citizens of Colorado to effect change. Those who
disagree with these laws should contact their legislators and express
their discontent with the laws, and elect representatives (and if
necessary a new governor) who will champion the repealing of these laws.
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Featured Colorado Seminars & Workshops |
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Mark your calendars and join us at our upcoming seminars
and workshops as U.S. Law Shield Firearms Program Attorneys separate
legal fact from fiction! Learn about firearms and self-defense law that
every gun owner should know.
At U.S. Law Shield we are proud to team-up with our friends
at the state's premier gun ranges and facilities. We strive to educate
as many gun owners as possible so they can carry and use their firearms
safely and legally.
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U.S. Law Shield is pleased to announce two upcoming Firearms Law Seminars hosted by our friends at Centennial Gun Club!
Seminar topics include the Law of Deadly Force in Colorado, Working
With a Difficult Police Officer, Civil Liability, and more! The events
will be held Thursday, July 17 and Thursday, July 31 at Centennial Gun Club from 6 to 9 p.m. Register today at www.GunLawSeminar.com for the seminar on July 17 or for the one on July 31.
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New Additions To U.S. Law Shield Store |
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Good news! We are introducing our new line of U.S Law Shield gear!
Show your support with one of our new t-shirts, polos,
or tank tops. Why not top it off with your very own member hat?
Get your gear today! Visit the U.S. Law Shield store to check out all of our new items!
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QuickLinks |
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U.S. Law Shield
1020 Bay Area Blvd., Suite 220
Houston, TX 77058 |
Telephone: 877-474-7184
Website: www.uslawshield.com
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