Explore The NRA Universe Of Websites

APPEARS IN News

Colorado Supreme Court Upholds 2013 Magazine Ban

Monday, July 6, 2020

Colorado Supreme Court Upholds 2013 Magazine Ban

In 2013, Colorado enacted House Bill 13-1224, which made it a crime, with some exceptions, to sell, transfer, or possess any “large-capacity magazine”after July 1, 2013. A “large-capacity magazine”meant any “fixed or detachable magazine, box, drum, feed strip, or similar device capable of accepting, or that is designed to be readily converted to accept, more than fifteen rounds of ammunition.”

Several gun rights organizations challenged the ban as an infringement on the right to bear arms protected by the Colorado Constitution. They argued, among other things, that HB 1224 had an excessively broad scope because it reached lawful activities that were commonly engaged in by responsible citizens. Further, the actual effect of the “designed to be readily converted”language was to ban almost all magazines with a removable floor plate or base pad, as this inherently created the possibility that the magazine could be converted to hold more than the maximum 15 rounds.

The parties agreed that prior to the ban, the number of magazines in Colorado with a capacity greater than 15 rounds was “in the millions,”that such magazines were not unusual or uncommon in Colorado, and that semi-automatic guns with detachable magazines holding more than 15 rounds were frequently used in the state for multiple legitimate purposes, including defense of the home.

The case proceeded through many hearings and appeals. In late 2018, the Colorado Court of Appeals, applying a “reasonable exercise”standard (that the state may regulate the exercise of the right to bear arms under its inherent police power so long as the exercise of that power is “reasonable”), concluded that the law was “reasonably related to the legitimate governmental purpose of reducing deaths from mass shootings.”

On June 29, the Colorado Supreme Court upheld both that decision and the magazine ban as constitutional.

Reaffirming the “reasonable exercise”test as the correct standard for reviewing challenges brought under the state constitution’s right to keep and bear arms provision, the state Supreme Court found that the plaintiffs “failed to prove that HB 1224 is an unreasonable exercise of the police power or that it has an improper purpose or effect of nullifying the right to bear arms.”The plaintiffs’“overly broad reading of the statutory definition”on prohibited magazines was “contrary to its plain language”and accordingly, the court rejected the contention that HB 1224’s definition of “large capacity magazine”could apply to all magazines with removable base pads.

Because the plaintiffs elected to challenge the law solely under the Colorado Constitution, the court discounted any arguments from U.S. Supreme Court decisions interpreting the Second Amendment, like Heller and McDonald. State law had its own precedents, and “our precedent construing [the state right to keep and bear arms] long ago charted a different course from case law interpreting the Second Amendment.”

The appropriate test, therefore, was the undemanding standard established by an earlier Colorado case –namely, whether the law constituted a reasonable exercise of the state’s police power. So long as the law could be said to have a legitimate government end within the police power, such as promoting the public health, safety, or welfare, and did “not work a nullity of the right to bear arms in defense of home, person, or property,”it would clear the bar. 

The case highlights the importance of selecting both the appropriate venue and applicable law in gun rights challenges. The court made it clear that “the Second Amendment applies with full force in Colorado and our legislature may not enact any law in contravention of it. But Plaintiffs have challenged HB 1224 only under the Colorado Constitution. Reviewing that claim, we conclude today that the legislation passes state constitutional muster. Because Plaintiffs do not challenge HB 1224 under the Second Amendment, we do not address whether the legislation runs afoul of the federal constitution.”

The decision is Rocky Mountain Gun Owners v. Polis, 2020 CO 66 (Colo. June 29, 2020) and is posted online at:  https://www.courts.state.co.us/userfiles/file/Court_Probation/Supreme_Court/Opinions/2018/18SC817.pdf.

TRENDING NOW
Updates to ATF Final Rule on Stabilizing Braces

News  

Monday, January 30, 2023

Updates to ATF Final Rule on Stabilizing Braces

On Monday, January 30, the Bureau of Alcohol, Tobacco, Firearms, and Explosives’ (ATF) published the final Factoring Criteria for Firearms with Attached “Stabilizing Braces” rule for public inspection in the federal register.

U.S. House Judiciary Committee Advances Pistol Brace Resolution

News  

Monday, April 24, 2023

U.S. House Judiciary Committee Advances Pistol Brace Resolution

On April 19, the U.S. House of Representatives Judiciary Committee voted 23-15 to advance H.J.Res.44, which would reign in the Bureau of Alcohol, Tobacco, Firearms and Explosives’ attempt to regulate pistol stabilizing braces. The resolution employs ...

The Disingenuous “Assault Weapons” Ban

News  

Monday, May 8, 2023

The Disingenuous “Assault Weapons” Ban

On April 25, 2023, Washington Gov. Jay Inslee (D) signed HB1240 into law. The legislation is a sweeping, and flagrantly unconstitutional ban on commonly-owned semi-automatic firearms. The law prohibits a host of rifles by name, including America’s ...

Connecticut:  Gun Control Bill Passes the House and Moves to the Senate

Saturday, May 27, 2023

Connecticut: Gun Control Bill Passes the House and Moves to the Senate

On Thursday, the House passed HB 6667 on a vote of 96-51.  This drastic gun control legislation has a bit of everything.  It contains a ban on open carry and strengthens prohibitions and registration of semi-auto "assault ...

Louisiana House Passes Constitutional Carry

Tuesday, May 23, 2023

Louisiana House Passes Constitutional Carry

Last week, the House Administration of Criminal Justice Committee held their “Gun Day,” where multiple pro-gun bills passed out of committee and the lone anti-gun measure was involuntarily deferred. Your active participation was crucial to protecting and ...

Connecticut:  Gun Control Legislation Nearing House Vote

Thursday, May 25, 2023

Connecticut: Gun Control Legislation Nearing House Vote

Gun banners in Hartford have been busy all session cooking up a concoction of more gun control.  In a state where there is already a large buffet of gun laws, it’s time for Connecticut gun ...

Illinois: Gun Seizure Mandate Inserted Into Bill

Monday, May 15, 2023

Illinois: Gun Seizure Mandate Inserted Into Bill

Last week, the House gutted House Bill 676 and amended it to include anti-gun provisions, including mandating that law-enforcement seize firearms from those who have not been convicted of a disqualifying offense. The House then ...

South Carolina: Constitutional Carry Advances to Floor from Senate Judiciary Committee

Tuesday, May 9, 2023

South Carolina: Constitutional Carry Advances to Floor from Senate Judiciary Committee

The Senate Judiciary Committee voted 12-11 to pass S.109, the NRA-backed Constitutional Carry bill, and it has now been sent to the Senate floor for further consideration. This is a huge step toward South Carolina becoming the next state ...

New York State Police Advocate: Governor’s Gun Seizure Mandate is Hindering Crime Fighting

News  

Monday, May 22, 2023

New York State Police Advocate: Governor’s Gun Seizure Mandate is Hindering Crime Fighting

Proponents of so-called “red flag” laws like to claim they are a “public safety” measure. But a union representing state police investigators in New York is sounding the alarm that a mandate handed down by ...

South Carolina Final Constitutional Carry Vote Soon - Contact Your Senator Today!

Tuesday, May 23, 2023

South Carolina Final Constitutional Carry Vote Soon - Contact Your Senator Today!

Senate Bill 109/House Bill 3594, NRA-backed constitutional carry bills, could be up for a Senate floor vote as early as this week. Your active participation has been pivotal in safeguarding and upholding our fundamental right to ...

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.