Colorado Sheriffs Refuse to Enforce State’s New Gun Control Laws
OutdoorHub Reporters 12.17.13
Calling the state’s new gun control laws unconstitutional and impractical to enforce, 55 of Colorado’s 62 elected sheriffs are refusing to adhere to new firearm regulations that took effect in July. The same sheriffs filed a lawsuit against the laws in May, along with other plaintiffs such as firearm accessories manufacturer Magpul. While the legal battle has ground to a stalemate, The New York Times reported that the Colorado sheriffs are resistant to the new laws, with some planning on ignoring them completely and others placing them at “a very low priority.”
Governor John Hickenlooper signed a set of controversial gun control bills into law in March. The bills were largely a reaction to the calls for stricter gun control after the tragic events in Newtown, Connecticut and Aurora, Colorado. The new laws overhauled Colorado’s current background check system, introduced a 15-round limit on magazine capacities, and banned the sale and purchase of “assault weapons.” At the time, gun control advocates hailed the passage of the laws as a major victory in a state that is largely known for its historic gun culture. However, Second Admendment supporters were quick to respond with protests springing up around the state. In the months after the laws were signed, two of the senators that supported the new gun control measures were recalled from office while a third resigned before a similar petition could be used against her. The loss of the three senatorial seats was a major blow to the state’s Democratic Party, which was largely in favor of gun control.
Efforts to overturn the laws, however, are still ongoing. A federal judge ruled last month that the 55 state sheriffs involved in the lawsuit against the laws have no standing to do so in any “official” capacity related to their offices. Fox News reported that US District Judge Marcia Krieger ruled that the sheriffs must join the lawsuit as individuals or else drop out. Krieger did not drop the suit because there was another 21 plaintiffs who do have standing as individual parties. The lawsuit claims that the new laws are unconstitutional and infringe on Second Amendment rights.
Even some of the sheriffs that did not join the lawsuit cited “huge practical difficulties” with the new laws. One commonly-cited example is how law enforcement might be capable of identifying standard-capacity magazines purchased before the ban took effect, and those bought after. Since both items are identical, it poses an issue for law enforcement to determine who is breaking the law and who is not.
“How is a deputy or an officer supposed to know which is which?” asked Sheriff John Cooke of Weld County, who is opposed to the new laws.
You can see the full list of plaintiffs here.
