Colorado Sheriffs to File Lawsuit Against State’s New Gun Laws

By:  Bob Adelmann
04/11/2013
       
Colorado Sheriffs to File Lawsuit Against State’s New Gun Laws

The lawsuit about to be filed by Colorado's sheriffs is likely to be the first step on a long journey to rectify the damage wrought to individual rights by the state's legislature with its new gun laws.

Thirty-seven of Colorado’s 62 county sheriffs are in the process of filing a lawsuit to block implementation and enforcement of the state’s new gun laws, which are scheduled to go into effect on July 1. Weld County Sheriff John Cooke is the de facto spokesman for the plaintiffs, who claim that the new laws violate the Constitution’s Second and 14th Amendments.

However, the County Sheriffs of Colorado association will not be joining Cooke as a plaintiff, according to Executive Director Chris Olson: “The Board of Directors made a decision that this was not something that the association should join in.” This decision was made despite the fact that the association published a position paper during the national and local debates, in which it discouraged new legislation that "may limit Second Amendment rights." According to that paper,

We believe the Second Amendment is no less important [than] the other nine Amendments contained in the Bill of Rights.

The paper opposed a ban on so-called “assault weapons,” on any person’s right to sell firearms privately to another person, any limitation on magazine capacity, or the creation of a state-wide database for concealed carry permit holders. It urged legislators to go slow in enacting new laws following the shooting in Newtown, Connecticut: “We urge our elected state elected officials not to make decisions during this grieving period because it would likely lead to policies that are unenforceable and possibly unconstitutional, while punished law-abiding citizens and doing nothing to reduce violent crime.”

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