GREELEY, Colo. – A sheriff in Colorado who spearheaded a lawsuit against the state’s radical gun laws, adopted by Democrats in 2013 and this week upheld by a federal judge, said the case is not over, vowing to take the battle all the way to the highest court in the land if necessary.
“These laws are unconstitutional and unenforceable due to the way they are written,” Weld County Sheriff John Cooke said.
This week’s ruling came from U.S. District Court Judge Marcia Krieger, who presided over a case filed by a majority of Colorado’s sheriffs as well as citizens, hunting advocates and Second Amendment groups.
Krieger claimed that prior to 2008 the Second Amendment was not recognized as an individual right and that the laws do not place an unreasonable burden on those rights now in Colorado.
She contended that since there is no evidence law enforcement officials are enforcing the law as plainly written, there is no threat to Second Amendment rights.
The lawsuit was filed after Democrat lawmakers, without any GOP support, passed a series of gun-control laws that are among the most restrictive in the nation. The laws being challenged included a ban on all magazines that hold more than 15 rounds or that can be “readily converted” to hold more than 15 rounds as well as a requirement that a background check be conducted on any “gun transfer” lasting more than 72 hours.
The sheriffs sued, contending the laws are unenforceable. For one thing, they say that since magazines do not have a date of manufacture on them, there is nothing that prevents a state resident from buying a 30-round magazine in Wyoming and then claiming he bought it before the ban. Law enforcement has no way to verify the claim. Those who purchased magazines before the ban are grandfathered in as long as they maintain “continuous possession” of the magazine.