Mere days after Colorado Governor John Hickenlooper signed into law several firearm-related bills, an opposing lawsuit is already in the works. According to CBS Denver, a group of sheriffs from around the state are planning to file a lawsuit against the gun control measures citing constitutional infringement.

“The governor refused to meet with them, the legislature ignored them so their claims now will be heard in federal court,” said Dave Kopel of the Independence Institute, who is an expert on constitutional law. The sheriffs believe that the gun bills, which included HB 1224, a measure to lower maximum magazine capacity, violates the Second Amendment by restricting common-use firearm accessories. Some law enforcement officials also express difficulty in enforcing the laws.

“Even if there were no specific constitutional rights involved, as is here with the right to keep and bear arms, laws on anything must at least pass the rational basis test,” Kopel said, claiming the Fourteenth Amendment is also being infringed by the laws’ unclear nature. Already, many gun owners fear that wording in HB 1224 could cause a ban in all magazines designed for semi-automatic firearms. The statute calls for a ban for any magazine that can be readily converted to accept more than the allotted 15 rounds. Gun accessory manufacturer Magpul has retained law firm Holland and Hart LLP to challenge the bill on this point, which would make the statute nearly impossible to enforce in its current form.

“The simple fact is that virtually every magazine on the market has an open floor plate, and that design makes every magazine readily convertible,” reads a report from the firm. Their end analysis concludes that the bill is “unconstitutionally vague” and filled with “structural flaws.” The full report can be read here.

The situation in Colorado is indicative of gun owners in the nation turning to legal means to challenge gun control laws. The debate rages perhaps the hottest in New York, where the passage of the NY SAFE Act has polarized both both sides of the issue. Most recently, the National Rifle Association announced plans to join New York plaintiffs against the act.

Image from Marion Doss on the flickr Creative Commons

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3 thoughts on “Colorado Gun Statute Could Ban All Magazines, Sheriffs Plan Lawsuit

  1. Hickenlooper did not, in my opinion, consider the citizens, outside of a number of democrats. He is an ally to the Bloomberg cause and I believe that he was going to sign the bills into law, even before they were presented as bills. Obviously, the bills were “pre-made”, in order to get them to the legislature so soon. This is simply an example of the Feinstein/Soros/Bloomberg group.

    People of other states, see this is an example of “big Government” taking over the will of the people. avoid this pitfall at all costs. I think I will move to Texas, where the government seems to care for the people. Such a move will be difficult since I am a 100% service connected disability, Viet Nam veteran. I’ll figure out how later, after the law suits have been decided.
    Hickenlooper does not recognize the Constitution or the 2nd Amendment, perhaps the courts can explain it to him. I’m sure I’m not alone when I say that I have lost any respect for our Governor that I might have had. He is now just an excess to the payroll in Colorado and should go back east where he came from.

  2. Sure, this will be good for the economy, everyone will have to buy new magazines that are not convertible and manufacturers will have to build new products. Too bad the majority of us do not have an endless supply of Monetary Funds to buy New products Mandated by laws by the controlling government. They are regulating us into poverty and out of our own homes as well.

    “The simple fact is that virtually every magazine on the market has an open floor plate, and that design makes every magazine readily convertible,”

    And if it’s convertible, it’s Illegal : (

  3. How can a governor of any state refuse to meet with a sheriff? How can the legislators refuse to meet with any member of law enforcement? And all prior to passing such horrific legislation that is detrimental to the 2nd Amendment? This may be a very well orchestrated plan funded by billionaire anti-American extremists who want nothing more than to wield power over the masses. The insults given by Gov. Hickenlooper to the people of Colorado are of the lowest degree. But I doubt that he nor the legislative dogs are losing any sleep. After all Colorado is the state that voted for legalizing marijuana and now you see what happens when the legislative body goes to work high. Is Colorado lost forever to the liberals? Make a change. It is not too late.

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