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Colorado gun-control laws: Columbine dad criticizes sheriffs' lawsuit

tom.mauser.205x205.jpg
Tom Mauser.
Earlier this week, we talked with the Independence Institute's Dave Kopel about a lawsuit against Colorado's new gun-control laws supported by 55 sheriffs throughout the state; see the suit and more below.

Today brings a rebuttal from Colorado Ceasefire's Tom Mauser, who became a gun-control advocate after his son Daniel Mauser was murdered in the 1999 Columbine massacre. He doesn't think much of the sheriffs' arguments.

"It's clear they didn't want these laws passed in the first place," says Mauser, a Colorado Ceasefire board member who serves as the organization's spokesman, "so it's not a surprise they'd attack them on any basis they could."

One portion of the lawsuit contends that the state's ban on magazines that hold more than fifteen rounds violates the Americans with Disabilities Act. As Kopel told us, "The ADA requires state and local governments to make accommodations for disabled people, particularly in regard to major life activities. And many disabled people have less ability when they're attacked in their home to retreat to a point of safety or get behind cover from which they can change a magazine. They may have less mobility, or some might have only one arm, for example. So it's more difficult for them to change magazines than do other people -- and therefore, even if the magazine ban were constitutional in general, which we argue it is not, the people with relevant disabilities are entitled to reasonable accommodations to larger magazines."

Larimer County Sheriff Justin Smith is among the supporters of the lawsuit.
Mauser's response? "He's essentially saying it takes more than fifteen bullets at one time to defend yourself, and there's no evidence to show that. If that was the case, you could argue that the disabled should really have a weapon that can fire 100 rounds. Yet he acknowledges that they're not trying to make the case for 100 rounds."

Indeed, Kopel said if the lawsuit had been about magazines holding that number of rounds, rather than those in the twenty-to-thirty range, a number of the 55 sheriffs currently supporting the complaint likely wouldn't have offered their endorsement.

Kopel also maintains that a line in the bill nixing magazines that can be readily converted to fit more rounds results in a "de facto gun even broader than the one that was struck down in D.C. v. Heller," a Supreme Court case that tackled prohibitions against handguns in the District of Columbia. (We've included that ruling below as well.) By his estimate, 82 percent of handguns and at least one-third of rifles manufactured in the U.S. use such magazines. In his view, that meets the so-called "common-use test" featured in the D.C. v. Heller judgment.

To Mauser, this assertion is suspect because "the Supreme Court ruling in the D.C. case was about the weapons, not the number of bullets.

"He's trying to say that because these guns commonly carry a thirty-round magazine, that's what makes them common," he goes on. "And while the court ruled that handguns are common, they didn't run on whether a handgun with a thirty-round magazine would be acceptable. They simply didn't do that, so he's trying to stretch -- trying to say that because a number of people have these fifteen- or thirty-round magazines, therefore it's common and should be allowable. And I would disagree with that -- so obviously, he's throwing it to the courts to decide."

Continue for more of our interview with Tom Mauser, plus documents and a video.



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85 comments
Green_eyes
Green_eyes

What's really sad is that he new gun laws will in no way keep guns out of the wrong hands....

DonkeyHotay
DonkeyHotay topcommenter

American Style Memorial Day = Family Feud Gunfight! ... yeeeeeeeee haaaaaaaa!

*** 86-year-old Fla. mom shoots, kills son during gunfight ***

LAKELAND, Fla. (AP) -- Authorities say an 86-year-old central Florida mother has confessed to fatally shooting her son in self-defense.

Polk County sheriff's officials said Nancy Pennypacker ran outside of her home, screaming for help Friday night. She told the deputy her 64-year-old son had been drinking and hit her in the face when the fight escalated into gunfire. William Pennypacker was found dead inside the home.

Authorities say Nancy Pennypacker was shot once. The bullet traveled through her finger and into her shoulder. She is hospitalized in stable condition. Criminal charges are not expected.



Cognitive_Dissident
Cognitive_Dissident topcommenter

Persecuting gun owners isn't going to bring him back, Tom.

DonkeyHotay
DonkeyHotay topcommenter

 *** Man shot, killed following minor parking lot crash in Colorado Springs ***

A man was shot and killed during an apparent road rage incident following a minor traffic accident in an apartment parking lot in Colorado Springs early Saturday morning, officials say.

"This was a possible altercation over a traffic accident," Stankey said. "It was a fairly minor accident."



Another "law abiding gun owner" ... right up to the moment they aren't ...

Juan_Leg
Juan_Leg

I pray there aren't ANY silly gun laws in 'Heaven' .....

Juan_Leg
Juan_Leg

I see the officer's point . During the Aurora theater tragedy, DOZENS of APD cops rushed in the building unloading round after round, hitting no one, INCLUDING, James Holmes . We are now finding out Holmes received his training playing a video game which does NOT contain a magazine limit ! Oh, the insanity !!!

James Holmes has personally changed or altered police procedure across the nation ! All done by 'intense' X-Box training & commitment ! Ah, Sony wins again !......

Cops are quick to proudly display their complete ignorance . Just take a moment & imagine the absence of 'Due-Process' . How long before 'Marshal Law' would take effect ?

As fast as one could load & reload .....

Law enforcement and the court system have FAR TOO MUCH POWER !!!  It has been proven time and time again, POWER CORRUPTS !!!

Russ Hollar
Russ Hollar

Soon the libtards will run off all the good people and Colorado will be Chicago or California. Those places are super safe. Right?

DonkeyHotay
DonkeyHotay topcommenter

@df583294 ... a "true patriot" using his second amendment rights to fight against government tyranny !!


DonkeyHotay
DonkeyHotay topcommenter

@Cognitive_Dissident ... awww ... da poor persecuted gun 'paytweots' ... all scared and sad the 'gummint' is gonna take their precious pistols ... yet NOT ONE of them has THE SPINE or COURAGE to actually use their weapons against this so called "tyranny".


Cognitive_Dissident
Cognitive_Dissident topcommenter

...and arguing with a constitutional rights attorney over points of law makes you look cheap and stupid, both of which you are, of course.

DonkeyHotay
DonkeyHotay topcommenter

@Russ Hollar ... you might be happier living in a Red Repuglykkkan state ... Idaho is nice this time of year ... very white too.

Green_eyes
Green_eyes

No.... The old laws didn't either.... If someone who is not suppose to have a gun wants a gun there will always be someone willing to sell one.....

Cognitive_Dissident
Cognitive_Dissident topcommenter

@DonkeyHotay Give me a break, loser. The State is the violence expert. There's no point in using "courage" to start a war with it. It will fold under its own weight, as they always do.

OshStar
OshStar

@Cognitive_Dissident Wow, you sound like the most miserable, uncompassionate piece of garbage ever. Poor baby, only get your jollies by commenting anonymously online. What a shame.

DonkeyHotay
DonkeyHotay topcommenter

@Monkey ... you gun loons really are quite delusional. 

Simple question -- are guns more or less lethal than knives? ... or baseball bats ... or spoons ... or all the other lame red-herrings gun nuts attempt to distract with?


Juan_Leg
Juan_Leg

@DonkeyHotay  

This Russ idiot, 

isn't even worth a response ...

fishingblues
fishingblues topcommenter

@DonkeyHotay Golly donk, Colorado used to be Libertarian and relatively conservative before you and your fellow nimrod Californicates moved here.  And now you have the gall to suggest that the natives move out simply because you are here now.  

Cognitive_Dissident
Cognitive_Dissident topcommenter

@DonkeyHotay @Cognitive_Dissident  

I need them for whatever the fuck I want them for, and the second amendment backs that right, so go fuck yourself.

When seconds count, the Blue Light Gang is only minutes away (right where I want them to stay.)

DonkeyHotay
DonkeyHotay topcommenter

@Cognitive_Dissident ... so you don't really need those firearms to "fight against government tyranny" then, do you? ... if all you're going to do is sit back and watch.


OshStar
OshStar

@Cognitive_Dissident @OshStar would you like me to break out my miniature violin for you now? I mean, the govt. has been seizing people's guns for ages now for no good reason and....oh....wait...no they haven't. Tell me again why you're so persecuted. Just tell those 10,000 plus gun victims if they had properly armed themselves they'd all magically be alive right now because having a gun will save you 100% of the time. That's why cops are never killed in the line of duty.

fishingblues
fishingblues topcommenter

@DonkeyHotay @fishingblues Wow, you must be racist since Blacks never entered into it.  Must come from your black soul (and I don't mean that in a complementary way).  And very few, of any color, are/were more successful.  Sorry to disappoint, given you project yourself as a loser.   Remember that envy is one of the 7 deadly.  

BackOffImStarving
BackOffImStarving topcommenter

@fishingblues @DonkeyHotay fishingblues - Your undeniable urges to belittle others with a  focus specifically on matters of intelligence only tells us that you're insecure about your own cognitive abilities.  


They never open their mouths without subtracting from the sum of human knowledge.
- - - Thomas Brackett Reed

DonkeyHotay
DonkeyHotay topcommenter

@Cognitive_Dissident 

                  Amen!

DonkeyHotay
DonkeyHotay topcommenter

@Juan_Leg    

                      ^^^^ Word! ^^^^

... and out of all the women on planet Earth "god" could have chosen to impregnate -- he picked some poor 12-year-old Jewish peasant girl who was already engaged to some schmoe named Joe ... and didn't even ask her consent before he knocked her up.

Juan_Leg
Juan_Leg

@Cognitive_Dissident  

'God' is the original & biggest 'Dead Beat Dad' of ALL-TIME !!!

He did Jesus wrong ! If 'heaven' resembles Earth, Jesus should  have told him to,"Shove it up his ass !!!", and then kicked 'God' square in the balls for ALL the suffering and NOT making him Bono, Axle Rose, Oprah, Tiger Woods, or Michael Roberts !!!

DonkeyHotay
DonkeyHotay topcommenter

@Cognitive_Dissident

Make ready to slaughter his sons for the guilt of their fathers; Lest they rise and posses the earth, and fill the breadth of the world with tyrants.  
-- Isaiah 14:21

Cognitive_Dissident
Cognitive_Dissident topcommenter

@DonkeyHotay @fishingblues But of course, the sins of the great, great grandfather should be visited on the great, great grandson, right?

fishingblues
fishingblues topcommenter

@DonkeyHotay Dang, you keep guessing wrong.  Not a religious bone in my body and I went way beyond HS.  Hard for a 5th grader to comprehend, I know.

DonkeyHotay
DonkeyHotay topcommenter

@fishingblues "I went to parochial school"

Believes superstitious nonsense about an invisible sky daddy that created the entire universe in 6 days, just 10,000 years ago.


@fishingblues "And I'm a Libertarian"

A Teabagger who graduated High School.



fishingblues
fishingblues topcommenter

@DonkeyHotay @fishingblues 

I comprehend quite well.  I went to parochial school.  And I'm a Libertarian.  Keep trying, you'll guess right once or twice.  

DonkeyHotay
DonkeyHotay topcommenter

@fishingblues ... says the repug retard who doesn't comprehend "anthropoMORPHIC".

Pretentious Language Attempt = FAIL


fishingblues
fishingblues topcommenter

@DonkeyHotay My days are numbered?  Hee hee.  Since you can't count, I'm not overly concerned.  

Nothing loonier than a liberal.  

Only a bleeding-heart liberal would be anthropomorphic toward a fish.  Are you a PETA pocket as well as a nimrod?  

DonkeyHotay
DonkeyHotay topcommenter

@fishingblues ... your days are numbered here, redneck, time to find another Klavern to cower in. Colorado has slowly extracted itself from the dark ages of KKKonservative Repuglycan Bigotry and Hatred.

Now run along and torture and mutilate some fish.


fishingblues
fishingblues topcommenter

@DonkeyHotay @fishingblues   That's it?  What about the indians?  What a nimrod.  San Francisco is begging for you to come home.  You and Nasty Nancy Pelosi make a good pair.  

DonkeyHotay
DonkeyHotay topcommenter

@fishingblues ... says the paleface whose ancestors suggested -- at gunpoint -- the real natives -- Arapaho and Ute -- move out simply because they wanted the land, being the amoral lowlife murderous thieving genocidal white-trash scumbags that they were.

You want RedState Repuglykkkanism, move to Arizona with the rest of the KKKlan ... they say it's a dry heat.


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