Sweeping new gun control laws, which went into effect on July 1 in Colorado, will continue after a federal judge said there was basically “nothing for her to rule on” after attorneys for both sides came to a partial agreement on late Tuesday.
On Wednesday, U.S. District Court Judge Marcia Krieger stated that there was “nothing for the court to enjoin” regarding the new gun control laws that took effect in Colorado on July 1st. Her ruling came after attorneys for both the state of Colorado and sheriffs who filed a federal lawsuit against the new laws met late Tuesday to work out new wording regarding two of the more controversial aspects of the legislation. Colorado’s new gun laws were passed in response to the mass shootings that occurred last July in Aurora, Colorado, and in December at the Sandy Hook Elementary School in Connecticut.
Tuesday’s last-minute meeting came in advance of Wednesday’s court hearing in which lawyers representing the sheriffs sought a preliminary injunction against the new laws. The lawsuit, filed by nearly all (55 out of 64) of Colorado’s county sheriffs, contends that the new gun laws violate the Second and Fourteenth Amendments of the U.S. Constitution.
The agreement reached Tuesday focuses on two of the more controversial aspects of the new magazine ban. As the law is written, the ban includes magazines that can hold more than 15 rounds of ammunition as well as those that are “designed to be readily converted to accept” more than 15 rounds. The clarity of this statement quickly came under fire because most magazines have removable bases for cleaning purposes, and extenders can be added to increase their capacity. The sheriffs contend the wording of the new magazine ban makes enforcing the law “too confusing.”
Also at issue was another part of the law which requires owners of “grandfathered” larger magazines to maintain possession of those magazines at all times in order to keep them legal. Concerns were raised as to whether someone handing over such a magazine to a gun shop owner for maintenance would be considered a violation of the law.
Both sides agreed Tuesday that magazines do not violate the law simply because they have removable bases. They also agreed to rewording language regarding “grandfathered” larger magazines so that anyone temporarily handing over such a magazine for maintenance purposes or lending such a magazine out would not be in violation of the law. It was also agreed upon that the words “continuous possession” mean that an owner would have to deliberately relinquish ownership of such a magazine in order to be in violation of the law.
The Colorado Attorney General’s Office is charged with drafting the new wording regarding the aspects of the agreement.
Although Tuesday’s agreement helps to clarify some of the ambiguity surrounding the magazine ban, the federal lawsuit will move forward. Both sides hope Tuesday’s agreement will allow them to focus on the bigger issue of constitutionality. No trial date has been set.
While the laws were seen as major victories for Democrats, lawmakers are now dealing with the political fallout. Two Democratic lawmakers, Senate President John Morse and Senator Angela Giron, face potential recall for supporting the laws. If the recall elections occur, they would be the first in the state since it adopted the process in 1912.
Link to article in print: http://www.gcnlive.com/wp/2013/07/12/federal-judge-upholds-colorado-magazine-ban/
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