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National 2nd Amend. Political & Legal Discussion Discuss national gun rights and 2A related political topics here. All advice given is NOT legal counsel.

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  #1  
Old 06-29-2020, 3:27 PM
LEAD LAUNCHER LEAD LAUNCHER is offline
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Default Colorado Supreme Court affirms ban on "large-capacity" gun magazines

The Colorado Supreme Court on Monday upheld the state’s 7-year-old ban on gun magazines that hold more than 15 rounds of ammunition.

"Rocky Mountain Gun Owners, a hard-line gun rights organization based in Colorado, challenged the large-capacity magazine law, arguing that it violates the state constitution.

Specifically, the organization contended that the law goes against a clause that gives people the right to be armed to defend their homes, property and themselves.

The Colorado Supreme Court, however, disagreed in a 45-page decision.

Justice Monica M. Márquez, in writing the court’s opinion, said the ban is “a reasonable exercise of the police power that has neither the purpose nor effect of nullifying the right to bear arms in self-defense.”

https://coloradosun.com/2020/06/29/c...gazine-ruling/

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Last edited by LEAD LAUNCHER; 06-29-2020 at 3:49 PM..
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  #2  
Old 06-29-2020, 3:31 PM
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Wow 7 years!?
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Old 06-29-2020, 3:36 PM
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The ban is so effective, I was able to buy standard cap Glock magazines to keep in Colorado at a buddy's house, at a gun store, and I wasn't even aware that there was such a ban.

https://www.usnews.com/news/best-sta...ld-in-colorado
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  #4  
Old 06-29-2020, 3:42 PM
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Wow 7 years!?
Yeah..I didn't think it happened that long ago.

This ban is a bit different from California's though.

One,its a ban on over 15 rounds not 10.

And two,enforcement,from what I hear, is pretty lax.

A friend I have in Colorado said the local gun stores he frequents don't GAF about the law and openly sell standard capacity mags-Colorado state law be damned.

And from what I've read many of the Sheriffs won't enforce it.

Of course my friend does have issues with some out of state vendors if he is ordering online though.
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Old 06-29-2020, 9:36 PM
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Originally Posted by Citadelgrad87 View Post
The ban is so effective, I was able to buy standard cap Glock magazines to keep in Colorado at a buddy's house, at a gun store, and I wasn't even aware that there was such a ban.

https://www.usnews.com/news/best-sta...ld-in-colorado
So is the ban a continuing offense, likely, or is the SOL applicable? As an Idaho resident with an Enhanced ID permit, that is valid in CO, am I prohibiting from carrying in CO if my magazines exceed 15 rnds?
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Old 06-29-2020, 9:44 PM
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Originally Posted by Citadelgrad87 View Post
The ban is so effective, I was able to buy standard cap Glock magazines to keep in Colorado at a buddy's house, at a gun store, and I wasn't even aware that there was such a ban.

https://www.usnews.com/news/best-sta...ld-in-colorado
So in legal terms, what does that mean? Can you still buy 15+ mags there? And keep them there?
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Old 06-29-2020, 10:38 PM
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So in legal terms, what does that mean? Can you still buy 15+ mags there? And keep them there?
My buddy, who is also an attorney, said the consensus is its unenforceable. Every gun store i went to has new mags on display. I didnt mess with ar mags because he has a bunch and i just use his.

The glock mags are just hanging on glock cards and i didnt even think about it, i just needed standard mags because i dont want to leave CA with standards and bring them back thanks to our own great laws.

We shoot at a private range, i leave my mags at his house and just fly with my pistol and no mags back and forth.

I will ask him for details.
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  #8  
Old 07-01-2020, 11:02 AM
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I was saddened to hear this as a Colorado resident. However, like others have mentioned it's not enforced. I go to a variety of gun stores in the Denver metro area and can buy standard capacity magazines at any of them. No one follows the law and I've been around law enforcement with a pile of standard capacity magazines. No one bats an eye or even recognizes a standard magazine as something as out of the ordinary.
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Old 07-01-2020, 2:50 PM
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So, what's the next step? 10th Circuit?
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Old 07-01-2020, 2:53 PM
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Originally Posted by LEAD LAUNCHER View Post
Colorado Supreme Court affirms ban on "large-capacity" gun magazines IS STAFFED BY MORONS.

FIFY.
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  #11  
Old 07-01-2020, 3:00 PM
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So isn't this ruling rather senseless since no one is enforcing it?
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  #12  
Old 07-01-2020, 3:28 PM
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Originally Posted by Citadelgrad87 View Post
My buddy, who is also an attorney, said the consensus is its unenforceable. Every gun store i went to has new mags on display. I didnt mess with ar mags because he has a bunch and i just use his.

The glock mags are just hanging on glock cards and i didnt even think about it, i just needed standard mags because i dont want to leave CA with standards and bring them back thanks to our own great laws.

We shoot at a private range, i leave my mags at his house and just fly with my pistol and no mags back and forth.

I will ask him for details.
Thanks. I’ll appreciate hearing his response.
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  #13  
Old 07-01-2020, 11:37 PM
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The sheriffs in a majority of the counties said at one point that they will not enforce the ban, so you can buy them in gun stores in those counties for sure. The law also apparently doesn't cover disassembled magazines or parts, or something like that, so the parts can be sold.

Hilariously, the head of one of the houses who lost his seat in a recall due to the passage of this law resides in Colorado Springs, and a gun store in (or near) the city was selling the magazines openly. There's an article on Youtube about this. It was funny. That man was apparently so arrogant and unpleasant that even the Democrats didn't mind seeing him gone. He was certainly that way on screen.
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Old 07-02-2020, 2:35 PM
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Originally Posted by HibikiR View Post
So, what's the next step? 10th Circuit?
Law was only challenged under the Colorado Constitution. Federal courts have no jurisdiction.
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Old 07-02-2020, 3:19 PM
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Originally Posted by pdsmith505 View Post
Law was only challenged under the Colorado Constitution. Federal courts have no jurisdiction.
How did we get our lawsuit to the federal courts?
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Old 07-02-2020, 3:38 PM
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Originally Posted by czakita View Post
So isn't this ruling rather senseless since no one is enforcing it?
The leftist dream, I suppose, is to vote in some progressive sheriff, an overzealous DA, heck, maybe even getting someone in the Parks and Recreation department to start patrolling the outdoor ranges. THEN they'll start enforcing it. THEN Coloradans will have a fun time with compliance.

Don't give 'em an inch folks.
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  #17  
Old 07-04-2020, 5:19 AM
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How did we get our lawsuit to the federal courts?
By challenging the law based on the Federal constitution. Still not sure why they didn't do that in this case.
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  #18  
Old 07-04-2020, 8:45 AM
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Because Roberts will uphold the ban, that's why.
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  #19  
Old 07-04-2020, 12:55 PM
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The Arbitrary and Capricious nature of Magazine Neutering laws
is such an Flagrant Infringement only someone with a concealed
political agenda or a Blithering/Useful Idiot would think otherwise.


The current Colorado Supreme Court's membership, and the
date each Justice was appointed, is as follows:


Title.......... Name.......... Took office........ Appointed by
Chief Justice.. Nathan B. Coats June 30, 2018[a] Bill Owens (R)
Associate Justice.. Monica Márquez December 10, 2010 Bill Ritter (D)
Associate Justice.. Brian Boatright November 21, 2011 John Hickenlooper (D)
Associate Justice.. William W. Hood III January 13, 2014 John Hickenlooper (D)
Associate Justice.. Richard L. Gabriel September 29, 2015 John Hickenlooper (D)
Associate Justice.. Melissa Hart December 14, 2017 John Hickenlooper (D)
Associate Justice.. Carlos A. Samour Jr. July 2, 2018 John Hickenlooper (D)
Source:
https://en.wikipedia.org/wiki/Colorado_Supreme_Court

Is Anyone Surprised its a Bunch of Democrats
supporting this absolute Bullsh*t ?


And now to Tick Off any Leftist/Democrat reading this post:

Happy Birthday America !



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  #20  
Old 07-04-2020, 2:43 PM
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Originally Posted by pdsmith505 View Post
By challenging the law based on the Federal constitution. Still not sure why they didn't do that in this case.
We should wait until we replace RBG and Breyer, but if there is a situation where the 9th and 10th Circuits disagree on mags that makes for a SCOTUS case, right?
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  #21  
Old 07-05-2020, 7:47 AM
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We should wait until we replace RBG and Breyer, but if there is a situation where the 9th and 10th Circuits disagree on mags that makes for a SCOTUS case, right?
SCOTUS doesn't take gun cases even when there is a split , thanks to Roberts.
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Old 07-05-2020, 8:57 AM
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SCOTUS doesn't take gun cases even when there is a split , thanks to Roberts.
Even after we replace two more Justices?
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  #23  
Old 07-05-2020, 11:20 AM
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Even after we replace two more Justices?
I guess anything goes then, but would depend on the who the justices are. I suspect if we got good justices then a split wouldn't matter at that point, but currently a split doesn't mean acceptance.

Last edited by abinsinia; 07-05-2020 at 11:23 AM..
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