This week, Chief Judge Marcia S. Krieger of the United States District Court for the District of Colorado issued a decision in the NRA-supported case of Colorado Outfitters Assoc. v. Hickenlooper. The case seeks to invalidate the burdensome magazine ban and so-called "universal" background check law passed in Colorado last year. The plaintiffs in the case -- Colorado sheriffs, individuals, and associations affected by Colorado's new gun-control laws -- raised a number of challenges to these laws but primarily focused on the burdens the laws created on their right to self-defense, which is protected by the Second Amendment.
Judge Krieger followed the two-step analysis that is emerging as the common approach in federal courts for assessing a law's constitutionality under the Second Amendment. First, she considered whether the law affected conduct that was protected by the Second Amendment. She found that both the magazine ban and (possibly) the limitation on private transfers implicated constitutionally protected conduct. Next, she examined the burden that these laws placed on the plaintiffs' Second Amendment rights. Following what is becoming a disturbing trend amongst federal courts, Judge Krieger concluded the laws were not sufficiently burdensome so as to be unconstitutional.
This decision once again emphasizes the fact that courts cannot be the only protection for our Second Amendment rights. Those who value their right to keep and bear arms must additionally seek to protect it at the polls.
The Colorado sheriffs have already announced their intention to appeal Judge Krieger's decision. NRA-ILA will continue to provide updates on this important case as it heads to the United States Court of Appeals for the Tenth Circuit.
Federal Court in Colorado Upholds Magazine Ban and Background Check Requirement
Friday, June 27, 2014
Monday, April 22, 2024
On Friday, ATF provided the unpleasant surprise of yet another rulemaking to implement the noxious Bipartisan Safer Communities Act (BSCA).
Monday, April 22, 2024
Along with “assault weapon” bans, so-called “high capacity” magazine restrictions are a cornerstone of modern gun control.
Sunday, April 21, 2024
After holding late-night votes until close to midnight on Saturday, April 20th, the Colorado House passed three anti-gun bills on their third reading, including liability insurance mandates, an 11% excise tax, and a state-level permitting systems for FFL's.
Thursday, April 18, 2024
The National Rifle Association of America (NRA) has announced a legal victory in a high-profile governance matter brought by the Office of the Attorney General for the District of Columbia (DCAG).
Monday, April 22, 2024
The Supreme Court of Nevada upheld Nevada’s regulations on so-called “ghost guns” in Sisolak v. Polymer80, holding that the statutes are not unconstitutionally vague.