Colorado gun-control laws ruled constitutional despite these arguments against them

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Photos, a video and more below.
U.S. District Judge Marcia Krieger has ruled that Colorado's controversial gun laws don't violate the constitution in a judgement Dave Kopel, who assembled a lawsuit endorsed by assorted businesses and dozens of Colorado sheriffs, has already pledged to appeal.

In May 2013, shortly after the suit was filed, Kopel detailed his arguments for Westword. Here's a look at why he believes the state's ban of all magazines that can hold more than fifteen rounds and a requirement for universal background checks on gun purchases are unconstitutional, as well as Krieger's reasons for deciding otherwise, supplemented by photos, two videos and three original documents, including the just-issued ruling.

Kopel told us that the two laws, known as HB 1224 and HB 1229, "violate the Second Amendment and the Fourteenth Amendment" of the U.S. Constitution, as well as "the Americans with Disabilities Act."

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Judge Marcia Krieger.
The magazine restrictions are particularly onerous when applied to the disabled, Kopel feels.

"The ADA requires state and local governments to make accommodations for disabled people, particularly in regard to major life activities," he said. "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."

Of course, exceptions for the disabled wouldn't be necessary if both laws are struck down.

What troubles Kopel about the magazine ban? First and foremost, he maintains that while the bill on the subject seems to only prohibit mags that support more than fifteen rounds, it actually "bans almost all magazines."

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A thirty-round magazine.
The reason? A line in the bill nixing magazines that can be readily converted to fit more rounds. Since such magazines are used for semi-automatic handguns and rifles -- and because an estimated 82 percent of handguns and at least one-third of rifles manufactured in the U.S. fit in this category -- he saw the result as "a de facto gun ban 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 the D.C. v. Heller decision below, as well as a 9News report about the issue originally broadcast in March 2013 that Kopel recommended.

As Kopel pointed out, "The governor's office and the sponsor of the bill both agree that the magazine ban outlaws all magazines that have removable base plates or floor plates" -- e.g., the kind that can be adapted for more rounds. And while Governor John Hickenlooper is relying on guidance from the office of Colorado Attorney General John Suthers to apply the rule narrowly, such an approach doesn't bring with it any guarantees that the interpretation will stand for all time."

Why not?

"It's not binding on anyone," Kopel said. "You can't force the Denver Police Department to enforce what they would have if the bill had been less aggressively drafted. The words of the statute are what they are, and it can be changed at any time by any future attorney general. If [Democratic state senator] Morgan Carroll is attorney general two years from now, there's no guarantee it will stick around. So our view is, the guidance does not solve the problem of the small magazine ban in practice."

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An AK-47.
The complaint also attacked the magazine ban on another front.

"The decision in D.C. v. Heller says you can't ban arms that are typically used by law-abiding citizens for lawful purposes -- something that's also called the common-use test," Kopel noted. "For the purposes of this case, then, all we need to do to win is to show that the fifteen-round magazine ban violates the common-use test. And handgun magazines up to twenty are, in fact, in common use by law-abiding citizens for lawful purposes.

"There's also the fact that sheriffs and deputies frequently carry such magazines both as duty guns and personal firearms -- and that's because they're often the best choice for lawful self-defense in defense of yourself and others."

Continue for more about the ruling in the Colorado gun laws challenge, including additional photos, two videos and three original documents.


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761 comments
LibTardsRDangerous
LibTardsRDangerous

Your leaders are now taking their orders from a global banking cartel:

The UN Arms Trade Treaty that has been identified by observers as a flagrant threat to the second amendment and which Barack Obama is determined to sign has its roots in a 1961 State Department memorandum which explains how the United Nations will oversee “complete disarmament” of the American people under the ruse of preventing war.

The UN Arms Treaty has caused so much controversy because it outlines a plan to target “all types of conventional weapons, notably including small arms and light weapons,”

On Tuesday, June 24, 2014, the U.S. House Appropriations Committee passed the State Foreign Operations bill, containing language prohibiting funds to be used for the U.N. Arms Trade Treaty prior to a full ratification of the treaty by the U.S. Senate. Specifically, section 7061 states: "None of the funds appropriated by this Act may be obligated or expended to implement the Arms Trade Treaty until the Senate approves a resolution of ratification for the Treaty."

Last September, the U.N. adopted the ATT and President Obama directed Secretary of State John Kerry to sign it.  The treaty does not exclude civilian arms from its scope and therefore potentially threatens civilian gun ownership in the United States..



rlemerysgt
rlemerysgt

I don’t always get called a racist, but when I do, I have just won an argument with an Obama supporter!

rlemerysgt
rlemerysgt

Recently citizens demonstrated how to build from scratch a double barrel shotgun, submachine gun, 4 barrel shotgun, double barreled pistol, and a single shot pistol. Amazingly the citizens who did this were in maximum security prisons. Yet you progressives really think a gun ban will stop violence?

rlemerysgt
rlemerysgt

I just adore being cussed out, ridiculed, demonized and bullied by progressives for not being as tolerant as they are SNARK!

rlemerysgt
rlemerysgt

Ecclesiastes 10:2 A wise mans heart directs him toward the right, but the foolish mans heart directs him toward the left, hmmmm think God is on to something there eh?

rlemerysgt
rlemerysgt

If you put the Obama administration in charge of the Sahara Desert, in less than a year there would be a shortage of sand

rlemerysgt
rlemerysgt

The U.N. may think they are coming to take our guns. Reality is we are just waiting for them to come so we can take their guns!

rlemerysgt
rlemerysgt

900,000 arrests & 11,000+ deaths for DUI’s in 2011 vs. 9,829 murders by illegal use of a firearm over 80% committed by career criminals & gang members, do you really need to ask which is more dangerous?

rlemerysgt
rlemerysgt

Gun Control: because progressives aren’t satisfied with taking just your religion, money, health care, job, home, car, children, food, 32 oz soda or Rights. Greedy SOB’s aren’t they?

rlemerysgt
rlemerysgt

Gun Free Zone: In case of emergency, call 911 then crawl to the nearest exit. If help is delayed in arriving, kiss your defenseless butt good-bye!

rlemerysgt
rlemerysgt

Joe Biden was annointed to lead the gun control task force. Biden said: we need more gun laws because we don’t have time or manpower to enforce the ones we have. Think about that for a minute!

rlemerysgt
rlemerysgt

Lets compare military fatalities in Afghanistan vs. a gun control paradise like Chicago

Afghanistan / Chicago

2001 12 / 667

2002 49 / 656

2003 48 / 601

2004 52 / 453

2005 99 / 451

2006 98 / 471

2007 117 / 448

2008 155 / 513

2009 317 / 459

2010 499 / 436

2011 428 / 435

2012 310 / 506

Didn’t think we had declared war in Chicago….

rlemerysgt
rlemerysgt

Trusting progressives to pass constitutional gun legislation is like trusting a dating site matching you with Jody Arias!

rlemerysgt
rlemerysgt

It really is a shame that progressives don’t eat their young like Hamsters do!

rlemerysgt
rlemerysgt

Name one thing government is good at besides lying or murdering people?

rlemerysgt
rlemerysgt

I will register my guns when illegal undocumented demorats register and pay all back taxes they owe!

rlemerysgt
rlemerysgt

Arguing with a Liberal is like playing chess with a goose. They walk all around the board knocking over the pieces, defecate all over the board, make a bunch of funny noises that make absolutely no sense, then fly back to the marsh and tell their bird-brained friends how they won.

rlemerysgt
rlemerysgt

Anti gun freaks are brainless, it’s why they aren’t afraid of zombies as everyone knows zombies only eat brains!

muhutdafuga
muhutdafuga topcommenter

@rlemerysgt I've yet to see you win anything.  In fact, just a moment ago, you were whining about being bullied. You're getting more forgetful as your romnesia drives your insanity to the point where you need an emergency cranial fecesectomy.

muhutdafuga
muhutdafuga topcommenter

@rlemerysgt Sorry about bullying you and taking your lunch money as you got off the short bus.

muhutdafuga
muhutdafuga topcommenter

@rlemerysgt Like when Christ said the way to heaven was to give away one's riches to the poor....or do you just pick things out of context that support your cult talking poimts.  Remember, Jesus was histories greatest Liberal. 

muhutdafuga
muhutdafuga topcommenter

@rlemerysgt Yet it was Obama that ended the Second Great Republican Depression.

muhutdafuga
muhutdafuga topcommenter

@rlemerysgt So you believe in gun control.  I'm glad to have helped educate you, my student.

muhutdafuga
muhutdafuga topcommenter

@rlemerysgt You forgot about how we also take your women since they aren't satisfied.  We have even been known to take 64 oz soda....born to be wild!

muhutdafuga
muhutdafuga topcommenter

@rlemerysgt Or just yell "There's a young hairless boy down the hall....the radical right wing gun freak will be compelled to attempt to hustle up some conservative action.

muhutdafuga
muhutdafuga topcommenter

@rlemerysgt Hopefully Mr. Vice President Biden will work toward banning right wingers.  Guns don't kill people, radical right wing gun freaks WITH GUNS kill people.

muhutdafuga
muhutdafuga topcommenter

@rlemerysgt Obviously some of the brightest fun freaks in Chicago have discovered they can still get guns over at Goobervillistan or from right wing gun pushers.

Gun laws obviously need to be nationwide.  Thank you for proving that point.

muhutdafuga
muhutdafuga topcommenter

@rlemerysgt The dating service used by rimmer is a bad of candy at a playground.

muhutdafuga
muhutdafuga topcommenter

@rlemerysgt You have the most interesting fantasies.  Are they caused by acid, or is it just your mental illness.  It's time for your cranial fecesectomy.

muhutdafuga
muhutdafuga topcommenter

@rlemerysgt I like the roads.  I know the education system has failed conservatives, but while you can't educate a turnip, the educational system has had some success with good Americans.  I like it when right wing corporate whores can't pollute as bad as they like.....

muhutdafuga
muhutdafuga topcommenter

@rlemerysgt It's a shame that even a goose can crush a conservative like a great green grape.

muhutdafuga
muhutdafuga topcommenter

@rlemerysgt Sorry, goober, I already told that joke earlier.

I'm not upset, the first step toward wisdom is you using my material.

rlemerysgt
rlemerysgt

@muhutdafuga 


In the past 15 years 9 states with no income tax gained $146 billion in revenue AK, WA NV WY SD TX TB FL NH, 9 states with the highest income tax lost $107 billion

Oregon California IA NY, NJ DC VT ME HI

rlemerysgt
rlemerysgt

@muhutdafuga 


We figure democrats have a majority interest in KY Jelly as whenever a democrat says anything about a "common sense approach" you know that you are about to get screwed royally.

fishingblues
fishingblues topcommenter

@muhutdafuga @rlemerysgt


"Remember, Jesus was histories (sic) greatest Liberal."


Most liberals are stupid and illiterate.  You are their queen.  Please look up the use of an apostrophe for possessives.     

fishingblues
fishingblues topcommenter

@muhutdafuga @rlemerysgt


Obama hasn't ended shit you ignorant bitch.  We will now add economics to the long list of things in which you are ignorant.

rlemerysgt
rlemerysgt

@muhutdafuga


You may not like guns, that is your right.

You may not believe in God, that is also your right.

But if someone breaks into your home, the first two things you are going to do are…

1)Call someone with a gun

2)Pray they get there in time

rlemerysgt
rlemerysgt

@muhutdafuga 


So making guns illegal will take them off the street and out of bad guys hands? Guess we should make heroin and meth illegal too!

muhutdafuga
muhutdafuga topcommenter

@rlemerysgt @muhutdafuga Conservative use brown scented conservative love jelly freshly spewed.  They especially love the Young Hairless Boy scent.

muhutdafuga
muhutdafuga topcommenter

@fishingblues @muhutdafuga @rlemerysgt Yean, an apostrophe is much more important than the fact that Christ was the world's greatest Liberal and that conservative behavior is the opposite of what the so called "Christian Right" endlessly preaches.  Heres something thats just for you, fishingrainbow:


Webster's dictionary defines a Liberal as one who is open
minded, not strict in the observance of orthodox, traditional
or established forms or ways.  Jesus was a pluralist Liberal
who taught that one need not conform to strict and orthodox
views of God, religion, and life.  He rejected greed, violence,
the glorification of power, the amassing of wealth without
social balance, and the personal judging of others, their
lifestyles and beliefs.

Over and over again, He taught us to believe in and live a
spiritual and ethical life based in our essential, inherent
goodness.  What Jesus promoted was succinct set of
spiritual principals and a way of life based upon the of love,
compassion, tolerance, and a strong belief in the importance
in giving and of generosity to those in need.  

While not Biblical scholars, our common sense
understanding of His lessons as philosophically and
politically Liberal is founded upon Jesus' own words (see
quotes below), modern interpretations of Liberation Theology,
and in the positive, loving and compassionate application of
His teachings - from the many early Saints to Mother
Theresa and Liberation Theology.

Certainly, Jesus brought a radically Liberal theology to the
Orthodox believers of his time. Jesus IS a Liberal even today
because now more than ever, His principals align with the
very core of Liberal Beliefs.

Biblical Quotes Supporting the Belief that Jesus Is A Liberal

Peacemaking, not War Making: Blessed are the peacemakers: for they shall be called the children of God. [Matthew 5:9]  Resist
not evil: but whosoever shall smite thee on thy right cheek, turn to him the other also. [Matthew 5:39]  I say unto you, Love your
enemies, bless them that curse you, do good to them that hate you, and pray for them which despite-fully use you, and persecute
you; [Matthew 5:44]

The Death Penalty: Thou shalt not kill [Matthew 5:21]

Crime and Punishment: If any one of you is without sin, let him be the first to cast a stone at her. [John 8:7]  Do not judge, lest
you too be judged. For in the same way you judge others, you will be judged and with the measure you use, it will be measured to
you. [Matthew 7:1 & 2.]

Justice: Blessed are they which do hunger and thirst after righteousness: for they shall be filled.  [Matthew 5:6] Blessed are the
merciful: for they shall obtain mercy [Matthew 5:7]  But if ye forgive not men their trespasses, neither will your Father forgive your
trespasses.  [Matthew 6:15]

Corporate Greed and the Religion of Wealth: In the temple courts [Jesus] found men selling cattle, sheep and doves and other
sitting at tables exchanging money. So he made a whip out of cords, and drove all from the temple area, both sheep and cattle;
he scattered the coins of the money changers and overturned their tables. [John 2:14 & 15.] Watch out! Be on your guard against
all kinds of greed; a man's life does not consist in the abundance of his possessions. [Luke 12.15.]  Truly, I say unto you, it will
be hard for a rich man to enter the kingdom of heaven. [Matthew 19:23] You cannot serve both God and Money. [Matthew 6:24.]

Paying Taxes & Separation of Church & State: Render therefore unto Caesar the things which are Caesar's; and unto God the
things that are God's.  [Matthew 22:21]  

Community:  Love your neighbor as yourself. .[Matthew 22:39]  So in everything, do to others as you would have them do to you.
[Matthew 7:12.]  If you would be perfect, go, sell what you possess and give to the poor, and you will have treasure in heaven.
[Matthew 19:21]  

Equality & Social Programs: But when you give a feast, invite the poor, the maimed, the lame, the blind, and you will be blessed,
because they cannot repay you. You will be repaid at the resurrection of the just. [Luke 14:13 &14.]  

Public Prayer & Displays of Faith: And when thou pray, thou shall not be as the hypocrites are: for they love to pray standing in
the synagogues and in the corners of the streets, that they may be seen of men. Verily I say unto you, They have their reward.  
But thou, when thou pray, enter into thy closet, and when thou hast shut thy door, pray to thy Father which is in secret…
[Matthew 6:6 & 7]

Strict Enforcement of Religious Laws: If any of you has a son or a sheep and it falls into a pit on the Sabbath, will you not take
hold of it and lift it out?  [Matthew 12:11] The Sabbath was made for man, and not man for the Sabbath. [Mark 2:27.]

muhutdafuga
muhutdafuga topcommenter

@rlemerysgt @muhutdafuga But the radical right wing gun freak fails to mention that you don't need an assault weapon of mass destruction to kill your wife, kids, a few neighbors as the frightened little conservative randomly fires his ammosexual fetish object.

Statistics show that the greatest deterrent to home break ins is owning a dog.  But their corporate cultmasters don't profit off of dogs, they don't make dogs...or given conservative's many perversions.......

http://youtu.be/1pUuumRGmzA

fishingblues
fishingblues topcommenter

@muhutdafuga @fishingblues @rlemerysgt


Ignorant  people always want to excuse their ignorance instead of educating themselves, that is why they  remain stupid.


As to your bible, I don't give a shit for your comic books.  


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