Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

Colorado Sheriffs Launch Challenge to Magazine and Private Transfer Ban

Monday, June 24, 2013

While anti-gun legislation rarely comes as a surprise in the Northeast, anti-gun activists were especially proud to pass New York-style gun control in Colorado. What they may not have counted on was determined opposition in the courts—led by most of the state’s top elected law enforcement officials.

On May 17, 54 of 64 Colorado county sheriffs, joined by several other groups representing gun owners, filed a complaint for declaratory and injunctive relief to halt the enforcement of HB 1224, a ban on magazines holding more than 15 rounds, and HB 1229, which restricts the ways in which gun owners may lawfully transfer firearms. Signed into law by Gov. John Hickenlooper (D) on March 20, the laws are set to take effect on July 1. NRA counsel is providing assistance to our fellow gun rights advocates and working on behalf of the rights of the disabled plaintiffs.

HB 1224 bans the sale and transfer after July 1 of magazines capable of holding more than 15 rounds of ammunition. Complicating matters is the problematic wording of the law, which can be interpreted to ensnare nearly all magazines—even those permanently attached to a firearm. The legislation prohibits any magazine that is “designed to be readily converted” to a capacity greater than 15.

The complaint points out that those familiar with magazine construction understand that most magazines on the market are made with removable floorplates, allowing for the owner to maintain or clean the magazine. However, this could also allow the attachment of aftermarket or homemade parts that might increase the capacity of a magazine to more than 15 rounds, potentially making the majority of magazines on the market illegal under Colorado law. (The complaint notes that Gov. Hickenlooper and the chief sponsor of the legislation support this interpretation.)

The complaint also takes issue with HB 1224’s requirement that all magazines with a capacity greater than 15 rounds be under the “continuous possession” of the person who possessed them before July 1. As the complaint points out, this “makes it impossible for firearms to be used or shared in ordinary and innocent ways, such as a gun owner loaning his or her firearm with the magazine to a spouse, family member, or friend; entrusting it to a gunsmith for repair; [or] a military reservist leaving firearms and their associated magazines with a spouse when he or she is called into service away from home.”

The complaint makes clear that HB 1224’s ban on magazines with a capacity greater than 15 rounds is a violation of the Second and Fourteenth Amendments to the U.S. Constitution. The complaint notes that the landmark Heller decision protects the ownership of firearms “in common use at the time.” Magazines capable of accepting more than 15 rounds, and magazines that are constructed with detachable floorplates, are unquestionably common today. As the complaint points out, “By outlawing the larger and smaller magazines which are necessary components of the large majority of handguns and of a very large number of rifles. HB 1224 is a gun ban even more sweeping than the handgun-only ban which was ruled unconstitutional in Heller.”

Also under attack is HB 1224’s provision banning magazines “designed to be readily convertible” to hold more than 15 rounds. This provision is unconstitutionally vague under the Fourteenth Amendment, because individual plaintiffs “cannot possibly know the intent of the designers of all magazines for the firearms which Plaintiffs own,” and sheriffs “have no means to determine the intent of magazine designers” in order to enforce the law.

As in the New York suit, the Colorado plaintiffs include a pair of disabled citizens, whose disabilities force them to face the burdens of the magazine ban. Unable to manage a magazine change as quickly as an able-bodied person, these plaintiffs rely on larger-capacity magazines for their self-defense. The complaint argues that under the federal Americans with Disabilities Act, states are prohibited from engaging in discrimination against the disabled. Thus, as the burdens of the new law fall inordinately on the disabled by limiting the meaningful exercise of their right to self-defense, HB 1224 should be struck down as a violation of federal law.

Meanwhile, HB 1229—the private sales ban—presents its own set of problems. The complaint points out that one category of gun laws the U.S. Supreme Court has deemed “presumptively constitutional” are laws “imposing conditions and qualifications on the commercial sale of firearms.” But HB 1229 bars non-commercial transfers such as loans for hunting or self-defense and requires that other temporary  transfers last no longer than 72 hours. Making this restriction even more problematic, as the complaint notes, is that the wait time for the Colorado Bureau of Investigation to conduct background checks for firearm transfers has stretched at some points to several days or even longer, leaving some residents with no opportunity to immediately acquire the means for self-defense.

TRENDING NOW
NRA Member Berated for Carrying Firearm

News  

Friday, August 2, 2019

NRA Member Berated for Carrying Firearm

NRA member Darrell Kennedy was on vacation with his family at Yellowstone National Park earlier this month when an anti-gun vacationer snapped a photo of his holstered firearm and tweeted out a hate message. “Sat ...

Monday, August 19, 2019

Florida Alert! "Assault Weapons" Ban Amendment Bans ALL SEMIAUTOMATIC RIFLES AND SHOTGUNS

The so-called "assault weapons" ban that is proposed for a constitutional amendment to be on the 2020 Election Ballot bans the possession of: “any semiautomatic rifle or shotgun CAPABLE of holding more than ten (10) rounds ...

Bill Clinton Touts Failed Gun Ban With Bogus Info

News  

Tuesday, August 13, 2019

Bill Clinton Touts Failed Gun Ban With Bogus Info

Bill and Hillary Clinton just don’t draw like they used to. Shunned by much of his own party, (described by one Vanity Fair commentator as “2020’s bubonic plague”) the former president has been relegated to providing lazy ...

Amnesty International’s Desperate Measure

News  

Sunday, August 18, 2019

Amnesty International’s Desperate Measure

There are some odd dynamics in international relations. Countries in which people are not free serve on the UN Human Rights Council. Political considerations guide every action.  Of course, the NRA is a single-issue organization so ...

Tell Your U.S. Senators and Representative to Oppose Gun Control

News  

Tuesday, August 13, 2019

Tell Your U.S. Senators and Representative to Oppose Gun Control

In the wake of the recent two criminal mass attacks, a number of gun control proposals have begun to circulate in our nation’s capital. None of these proposals would have prevented the recent tragedies, but they all ...

Important Statement from NRA CEO & Executive Vice President Wayne LaPierre

News  

Thursday, August 8, 2019

Important Statement from NRA CEO & Executive Vice President Wayne LaPierre

The NRA will work in good faith to pursue real solutions to the epidemic of violence in America.

Guide To The Interstate Transportation Of Firearms

Gun Laws  

Thursday, January 1, 2015

Guide To The Interstate Transportation Of Firearms

CAUTION: Federal and state firearms laws are subject to frequent change. This summary is not to be considered as legal advice or a restatement of law.

Kamala Harris and Her Perplexing Anti-Gun Ideas

News  

Friday, August 2, 2019

Kamala Harris and Her Perplexing Anti-Gun Ideas

U.S. Senator Kamala Harris (D-Calif.), one of the two-dozen Democrat presidential hopefuls vying to take on President Donald Trump in 2020, has been promoting her anti-gun platform for many months. This isn’t really news, as ...

“Universal” Background Checks Aren’t as Universally Popular as You’ve Been Led to Believe

News  

Tuesday, August 13, 2019

“Universal” Background Checks Aren’t as Universally Popular as You’ve Been Led to Believe

Advocates of so-called “universal” background checks constantly cite their own polling data to claim that the vast majority of Americans support these measures. But, when these measures have actually been presented to voters, support is ...

California Federal Judge: Semi-automatics and Machineguns are “Virtually Indistinguishable”

News  

Friday, August 2, 2019

California Federal Judge: Semi-automatics and Machineguns are “Virtually Indistinguishable”

The ever-gushing fount of legal imagination that is California has provided the rest of America with another head-scratcher. On July 22, Judge Josephine L. Statonof the U.S. District Court for the Central District of California granted ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.