Second Amendment Lawsuits.
HB 1224 – Bans magazines with a capacity greater than fifteen rounds and would make a magazine with a removable floor plate illegal.
HB 1228 – Imposes a “gun tax” for a background check when purchasing a firearm.
HB 1229 – Criminalizes the private transfer of a firearm.
it’s not surprising that legal recourse is being sought by Colorado State voters to secure their Constitutional Second Amendment rights.
The Colorado based Independence Institute, announced that they are filing a lawsuit challenging Colorado’s latest gun-control bills, signed into law by Governor John Hickenlooper. Currently it’s not clear if the National Rifle Association will join the Independence Institute in their legal action.
Also seeking legal relief from HB-1224, HB 1228 and HB 1229 are a group of Colorado Sheriffs. The Sheriff’s contend that the new legislation violates not only the Second Amendment, the right to keep and bear arms, as well as the 14th Amendment which requires laws to be easy to understand and fairly enforced.
Moffat County, Colorado Sheriff, Tim Jantz said that there is nothing requiring him to enforce every state law. He said that his oath “doesn’t say I need to enforce every statute.” Colorado’s Weld County Sheriff John Cooke stated that the new law is pretty much unenforceable and confusing. The Colorado Sheriff’s who were not consulted or a part of the legislative process will now have their day in court.
Related to the new anti-gun legislation are the unintended consequences of the bills. Magpul, a Colorado based manufacture of ammunition magazines is leaving Colorado and taking it’s corporate taxes and 300 jobs with them. In a prepared statement Magpul said:
We have said all along that based on the legal problems and uncertainties in the bill, as well as general principle, we will have no choice but to leave if the Governor signs this into law. We will start our transition out of the state almost immediately, and we will prioritize moving magazine manufacturing operations first. We expect the first PMAGs to be made outside CO within 30 days of the signing, with the rest to follow in phases. We will likely become a multi-state operation as a result of this move, and not all locations have been selected. We have made some initial contacts and evaluated a list of new potential locations for additional manufacturing and the new company headquarters, and we will begin talks with various state representatives in earnest if the Governor indeed signs this legislation. Although we are agile for a company of our size, it is still a significant footprint, and we will perform this move in a manner that is best for the company and our employees.
It is disappointing to us that money and a social agenda from outside the state have apparently penetrated the American West to control our legislature and Governor, but we feel confident that Colorado residents can still take the state back through recalls, ballot initiatives, and the 2014 election to undo these wrongs against responsible Citizens.
Certainly the dust has far from settled on this issue, and likely won’t until July 1, 2013 or the courts have issued their rulings.