SAF, Colorado Group File Amicus Brief In Magazine Ban Appeal

BELLEVUE, WA - The Second Amendment Foundation (SAF), joined by the Millennial Policy Center (MPC), has filed an amicus brief in the challenge of Colorado's ban on so-called "large capacity magazines," using history, nineteenth century tradition and the Colorado State Constitution to support the challenge. The brief was submitted to the Colorado Court of Appeals by attorney Joseph Greenlee of Denver.

"Colorado's history clearly demonstrates that the notion of limiting the ability of law-abiding citizens to defend themselves by limiting the number of cartridges a firearm can hold is, at best, ludicrous," said SAF founder and Executive Vice President Alan M. Gottlieb. "There is nothing in the Colorado Constitution that supports the action by state lawmakers, or the decision of the District Court." The lawsuit, filed by the Rocky Mountain Gun Owners, National Association for Gun Rights and a private citizen, John A. Sternberg, challenges the magazine ban, enacted in 2013 by the Colorado Legislature. In their argument supporting the plaintiffs, SAF and MPC note that firearms capable of firing multiple rounds of ammunition are not a recent phenomenon, and have been useful in the Centennial State throughout its history. "Colorado's right to arms provision is broader than the right codified in the Second Amendment of the United States Constitution," the amicus brief notes, "as the latter has been interpreted to this point. Wherever the rights differ, it is the Colorado right that provides broader protection. Moreover, the protection it provides is greater in force." Colorado's right to bear arms provision was included in the state constitution, adopted in 1876, and it has not changed since then. Plaintiffs are seeking a reversal of a district court ruling that upheld the magazine ban, and in their amicus brief, SAF and MPC concur.