RMGO Magazine Ban Case To Go Before Colorado Supreme Court

[Rucker61]

"Today, the Colorado Supreme Court granted cert to Rocky Mountain Gun Owners and the National Association for Gun Rights in their lawsuit against Governor Jared Polis and the State of Colorado concerning Colorado?s standard capacity magazine ban.
In 2013, the Colorado Legislature passed, and then Governor Hickenlooper signed, a law banning Coloradans from purchasing or possessing rifle and pistol magazines that can hold more than 15 cartridges. Persons who had the magazines could keep them, but could not lawfully sell them.
Now the Colorado Supreme Court will decided if the law is constitutional or not.
?There?s no doubt in our minds that the magazine ban is unconstitutional and that?s why we?ve been fighting against the law in the legislature and the courts,? said Dudley Brown, Executive Director of Rocky Mountain Gun Owners."

Does this mean we have to be nice to him?


https://rmgo.org/about-us/press-releases1/rmgo-magazine-ban-case-to-go-before-colorado-supreme-court/?fbclid=IwAR2W3-0HveA7pYiryBM3Wdqrrl2n3Tozjmc11dQ0VxfMVGrNZkAqMfh3 bcw

[bellavite1]

"Today, the Colorado Supreme Court granted cert to Rocky Mountain Gun Owners and the National Association for Gun Rights in their lawsuit against Governor Jared Polis and the State of Colorado concerning Colorado?s standard capacity magazine ban.
In 2013, the Colorado Legislature passed, and then Governor Hickenlooper signed, a law banning Coloradans from purchasing or possessing rifle and pistol magazines that can hold more than 15 cartridges. Persons who had the magazines could keep them, but could not lawfully sell them.
Now the Colorado Supreme Court will decided if the law is constitutional or not.
?There?s no doubt in our minds that the magazine ban is unconstitutional and that?s why we?ve been fighting against the law in the legislature and the courts,? said Dudley Brown, Executive Director of Rocky Mountain Gun Owners."

Does this mean we have to be nice to him?


https://rmgo.org/about-us/press-releases1/rmgo-magazine-ban-case-to-go-before-colorado-supreme-court/?fbclid=IwAR2W3-0HveA7pYiryBM3Wdqrrl2n3Tozjmc11dQ0VxfMVGrNZkAqMfh3 bcw

Hell, get it done and I will join as a True Believer!

[Doc45]

Even a broken clock is right twice a day-at least a non-digital one [ROFL1]

Seriously though I appreciate the challenge even though I wouldn’t have a beer with db.

[avandelay]

Only took 6 years. Couldn't we send it to the judge in Hawaii that seems to think he can overturn everything in 5 minutes?

[whitewalrus]

I do hope it gets overturned, but not holding my breath.

[FromMyColdDeadHand]

And Denver?s mag limit? Boulder?s silliness? Would those fall by proxy?

Frankly, it is a no lose for us. They are already banned. I?m guessing the make up of the SCOCO is stacked against us? In the unlikely event that we win, we win. If we lose, you take it to our Fed Courts- better chance there, and with CA?s laws going up the courts, you have a chance of split decision that goes to SCOTUS.

[FoxtArt]

Nice? Go google what the Colorado Supreme Court is made of. It's more "progressive" than the most progressive homosexual welfare recipient you could find in San Francisco, California.

The opinion we are left with will be the absolute polar opposite of the one made by the Federal judge in California; being cited in future cases as precedence to justify any prohibition, seizure, or condemnation of owning weapons in general.

The first step to winning is choosing your venue. If the 10th Court of Appeals or U.S. Supreme decides not to review Colorado's ruling, we are BONED. And with Dudley at the helm (who doesn't know how to craft arguments that win, e.g. conceding points and concessions) don't get your hopes up that he's done anything other than tie a noose around our neck. I have more hopes for the Ninth COA successfully getting appealed to the Supreme Court and fixing our problem than I have hopes for this...

And I think it's highly unlikely the U.S. Supreme Court will agree to hear the challenge made against the upcoming 9th COA opinion either - which the 9th in San Francisco is more conservative than the Co Supreme Court ironically. Pretty soon, the law of the land will be made by some of the most progressive courts that could've heard the case (CO and 9th COA), and that's where it will remain.

[FoxtArt]

I'd even lay down money that the CO Supreme WILL NOT overturn the ban or find anything favorably. The odds are so bad there, you can just call them flat impossible. 9th is harder to predict, because they fear SCOTUS.

[Great-Kazoo]

Dudley, The DB who were it not for him. Would have given CO a 20 rd mag limit. As he bullied state reps in to a corner with his no compromise stance. That Dudley?

Too bad he's not like the state gun rights group down here. AzCDL. I only hear from them when a bill comes up for review and or vote. Or they're raffling off a gun.

[spqrzilla]

The RMGO suit in the Colorado state judicial system was quite stupid in a tactical sense. The Colorado Supreme Court will not overturn the legislation. We might have better reception in the 10th Circuit. Appeals from the Colorado Supreme Court on Federal issues do not go to the 10th Circuit but directly to the US Supreme Court.

[Rucker61]

The RMGO suit in the Colorado state judicial system was quite stupid in a tactical sense. The Colorado Supreme Court will not overturn the legislation. We might have better reception in the 10th Circuit. Appeals from the Colorado Supreme Court on Federal issues do not go to the 10th Circuit but directly to the US Supreme Court.

Well, we know how Kavanaugh feels about magazine bans.

https://reason.com/2018/07/09/judge-kavanaugh-and-the-second-amendment

[BPTactical]

FDB

[FoxtArt]

Yeah, beyond bad to shop the state jurisdiction on this issue. It comes down to simple math.
Since 1975, Colorado has had a democratic governor for all but 8 years. (44 years, 36 democrat, 8 republican). That's who has been appointing judges. So, assuming anyone is even on the bench for 44 years (HAH) you could estimate state court makeup is only around 18% conservative appointed.
In the same period, 20 out of 44 years have been under presidents of the democrat party; while 24 have been a republican. That means the majority of federal judges (across all courts) are actually appointed by conservatives.

Now, this is unbalanced a bit because the oldest appointments are almost entirely gone, so and so forth, and the newest appointments are almost entirely on the bench. Nevertheless, it doesn't take a genius to figure out there's never going to be a favorable ruling inside of CO, and if you're depending on SCOTUS, you have about a three percent chance of them hearing the case, and a ninty seven percent chance that they decline, which defers forever to the CO Supreme Court, f'ing us all.

[spqrzilla]

Well, we know how Kavanaugh feels about magazine bans.

Not really, his dissent discussed by Dave merely outlined how he thought magazine bans should be analysed. But his comments are more interesting now that we have a Federal district court in California outline that California could articulate no facts at all supporting a magazine capacity limit.