Moving right along: Colorado’s 15+ round magazine “ban” is up before the state Supreme Court. Excerpt:
In arguments before the state court Wednesday, the groups’ lawyer, Barry Arrington, said that since the U.S. Supreme Court has found that the right to bear arms is a fundamental right, the state has a heavier burden to prove that the magazine limit is needed. He said they cannot meet that standard.
The law was passed in 2013, a year after the Aurora theater shooting, in an effort to limit the number of deaths in mass shootings. While large capacity magazines were used in the Columbine and Aurora shootings, Arrington said that have also been widely used by gun owners, with millions of them in existence when the law was passed.
The legal challenge brought by Rocky Mountain Gun Owners and the National Association for Gun Rights is based on the gun rights’ provision in the Colorado Constitution, which expressly protects the right of people to be armed to defend their homes, property and themselves. Given that, Colorado Solicitor General Eric Olson told the justices they have the right to interpret the state’s constitution on their own, noting that U.S. Supreme Court guidance changes over time.
Olson argued the state Supreme Court should instead stick with the approach it established in 1994 in a challenge to an assault weapons ban passed by Denver — deciding whether a law furthers a legitimate government interest without being too broad.
The relevant statement in the Colorado state Constitution states:
Section 13. Right to bear arms. The right of no person to keep and bear arms in defense of his home, person and property, or in aid of the civil power when thereto legally summoned, shall be called in question; but nothing herein contained shall be construed to justify the practice of carrying concealed weapons.
Well, the state Constitution seems pretty clear on this as well.
The state’s “magazine ban” is a sham in any case. You can legally buy all the parts required to build a magazine and build one on your own. You can drive up to Wyoming, over to Utah or down to New Mexico and buy any magazine you want. Many of the state’s Sheriffs are refusing to enforce the magazine ban, any many of those counties are in the areas along the state’s boundaries, well away from the Denver-Boulder Axis that comes up with these stupid laws.
And that’s not to mention all the mags already legally in the state, those that were grandfathered in. Mrs. Animal and I both have copies of the AR-15 pattern rifles; Tacticool stuff really isn’t either of our cup of tea, but we’re both stubborn and independent people, meaning in part that the fastest way to get us to do something is to tell us we shouldn’t. When I set those rifles up for us, I bought one basic load of magazines for us both, meaning seven thirty-rounders for each rifle. When the “magazine ban” passed, before it took effect, I – legally – bought seven more for each.
Because fuck those finger-waggers in the Capitol, that’s why.
But in the end, I don’t know as any court decision will matter much. Colorado has gone blue, and unless the state’s GOP extracts themselves from the circular firing squad formation they’ve been in since Bill Owens left the Governor’s office, that’s not changing. The Legislature will come up with a new stupid, meaningless “magazine ban” and Governor Polis (or whoever replaces him) will sign it.
And the cycle will continue, ad nauseum.