Independence Institute files suit against magazine ban

A complaint in U.S. District Court seeks to overturn new Colorado gun laws. Photo: Sheriff John Cooke speaks Friday (Greeley Tribune)

COLORADO SPRINGS, Colo., March 19, 2013 — The Independence Institute Friday filed a lawsuit in U.S. District Court to overturn two of the three bills passed by the Colorado legislature and signed into law by Governor Hickenlooper on March 20th. The two new laws, which began as House Bills 1224 and 1229, restrict magazines that hold over 15 rounds and require universal background checks.

The magazine ban goes into effect on July 1, the beginning of the Colorado fiscal year, while background checks went into effect immediately.


SEE RELATED: Colorado governor signs gun control bills into law


The suit was filed on behalf of 54 elected sheriffs from across Colorado, disabled gun owners, Women for Concealed Carry, and a total of 20 gun rights, hunting and shooting organizations, as well as parts manufacturer Magpul and sporting goods stores.

Jon Caldera, director of the Independence Institute, writes:

“A couple of hours ago the lobby of our building, affectionately known as the Freedom Embassy, was overflowing with microphones, cameras and news reporters for the announcement that our lawsuit has been filed against the unconstitutional, new gun laws. Quite literally reporters were spilling out of our front door.”

Eighteen of the sheriffs showed up in person at the press conference, speaking on behalf of the rest; disabled gun owners, Women for Concealed Carry, and the Colorado Farm Bureau also spoke on why they are plaintiffs in this landmark case.


SEE RELATED: Recalls underway for Colorado Democrats: 1st Amendment is not absolute


The press conference in its entirety is shown in the video at the right.

The complaint claims that the restrictions on firearms use in these bills exceed limits already determined to violate the Second Amendment, and are thus unconstitutional, citing the Supreme Court’s decision in District of Columbia v. Heller.

The suit is not the only action sparked by the recent flurry of gun control legislation.


SEE RELATED: Gun battle in the Colorado Legislature


Two Littleton men, Tim LeVier and J.T. Davis, filed an initiative in mid-March to amend the Colorado constitution. The proposal would establish a right of the people to purchase and possess any ammunition storage and feeding devices. They would need upwards of 100,000 signatures to get the initiative on the ballot.

Three state senators are also being recalled.

Kandee Evans, registered agent for the Recall Evie Hudak Committee, addressed a crowd at the Olde Town Rally in Arvada Saturday morning, saying, “Thank you to all the volunteers  who worked hard and are still working hard. This has been our best weekend so far. We are hitting the ball out of the park.”

Hudak, who famously dismissed the testimony of rape victim Amanda Collins, is becoming well known for her “don’t let the facts get in the way” style of legislating.

Not challenged at this point is HB 1228, which also went into immediate effect and mandates fees for background checks. The justification for this fee was the week-long wait for background checks in January. The government claimed they needed to hire more people to process the checks, but by the time the bill was signed in law the wait time had returned to about 45 minutes, very close to normal.

If three gun control laws are passed and only two are repealed, Democrats will likely consider it progress and wait for their next opportunity to advance the agenda. Even the loss of three senators will be viewed as acceptable damage. Almost $2 million has been pledged to defend Senators Hudak and Giron of Pueblo. Sen. Morse is term limited and will leave the legislature after the end of the 2014 session.

Elections have consequences and so does passing laws in defiance of the popular will.

READ MORE from Al Maurer at Red Pill, Blue Pill


At The Voice of Liberty, we seek to advance the principles of liberty, because tyranny never sleeps.


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Al Maurer

Al Maurer is a political scientist and founder of The Voice of Liberty. He writes on topics of limited government and individual rights.

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