Colorado sheriffs plan lawsuit challenging state gun control laws

[MAP]

While we should work toward this we really should also put a lot of effort behind a constitutional ballot initiative (like the potheads did). Not only does it then put it in the hands of the people (where the majority of support for gun rights is) but it also makes it somewhat permanent and harder for a future crop of Dems to screw with in Denver.


Also in response to the title of this thread, we did NOT "lose" the suit, it was dismissed by the judge. An appeal should be forthcoming so it may not be dead yet.

Sheriff Smith said via FaceBook an appeal will happen. The appellate court is where the real battle will be waged. The trial court is just the first step.

Mike

[Zundfolge]

The appellate court is where the real battle will be waged. The trial court is just the first step.

I heard some pundit saying that the judges actions now are actually done in favor of our side since this moves it up to the appellate court faster (saying basically that if we'd have won here the other side would have appealed anyway).

[theGinsue]

An appeal should be forthcoming so it may not be dead yet.

Sheriff Smith said via FaceBook an appeal will happen. The appellate court is where the real battle will be waged. The trial court is just the first step.

Mike

Handling this through the courts beyond this initial stage is very dangerous. Chances are the Appellate Court (10th Circuit?) will side with the lower court and the case will go to the SCOTUS. While we've seen some good decisions out of the SCOTUS in the last few years, I wouldn't expect this trend to continue - particularly with the current makeup of SCOTUS members. Once the SCOTUS renders a decision, it's significant case law/precedent that's next to impossible to undo.

I believe our best chances for making this right - permanently - is a two step process (which has already been mentioned). First, we need to take back the Governors office as well as a majority in both State houses. They will then have the ability to repeal the laws. Next, we need to
go to the people of the state with a Constitutional amendment which needs to be crafted to prevent laws like these current laws and potential variants from ever infringing on our Right again.