22 replies to this topic

[skinnyb82]

This just hit the wire, it's REALLY good.  I was able to find the complaint for declaratory and injunctive relief, not sure who the named plaintiff is though so didn't post it over the the Judicial Second Amendment Case section because a case number hasn't even been assigned to it, therefore it can't be found on PACER.  Here's the press release from the NSSF:

"NEWTOWN, Conn. -- The National Shooting Sports Foundation (NSSF), the trade association for the firearms industry, has joined with 54 county sheriffs, Magpul Industries, the Colorado Outfitters Association, several firearms retailers, disabled individuals and other parties in a federal lawsuit brought today in the United States District Court for the District of Colorado in what is a broad-based challenge to Colorado's recently enacted gun-control laws.

"In addition to Constitutional infringements and unenforceable requirements regarding magazine capacity, as the sheriffs have pointed out, we believe it will be impossible for citizens to comply with mandated firearms 'transfers' through federally licensed retailers," said Lawrence G. Keane, NSSF Senior Vice President and General Counsel. "Colorado's federally-licensed firearms retailers are being asked to process these transfers as if they were selling from their own inventory and to monitor both seller and buyer through a state-administered check process that can take hours or even days. They will not be able to recoup the actual cost of providing the service, which is capped at $10, but they will be liable for paperwork errors and subject to license revocation. Not surprisingly, we expect few, if any licensed retailers will step forward to provide this service."

For this reason and the many others detailed in our joint action with our fellow plaintiffs, these laws need to be struck down," Keane said.

The firearms retailers bringing suit are: 2nd Amendment Gunsmith & Shooting Supply, Loveland; Goods for the Woods, Durango; Grand Prix Guns, Littleton; Green Mountain Guns, Lakewood; Jensen Arms, Loveland; Jerry's Outdoor Sports, Grand Junction; Rocky Mountain Shooters Supply, Fort Collins; and Specialty Sports & Supply, Colorado Springs.""

And the 55 page complaint with John W. Hickenlooper as the sole defendant.  Complaint claims that HBs 1224 and 1229 violate the Americans With Disabilities Act as well as the Second, Fourth, and 14th Amendments,

 Complaint for Declaratory and Injunctive Relief 05-17-13.pdf   678.81K   10 downloads

[Skorpius]

A win here would bode well for we subjects in Chicago/Cook.

[skinnyb82]

Not just in Chicago/Cook.  Think about D.C. too (everyone not just David Gregory).

[jester121]

Good stuff in there.

Pray for the health of SCOTUS, we need things just as they are for a good long time.

[Dave D]

Interesting!

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[Xwing]

That would be nice.  Left winger Hickenlooper could use a good lawsuit or two, after the he did on Colorado citizens' rights.

[skinnyb82]

Along with the four recalls already in the pipeline in CO

[TTIN]

skinnyb82, on 17 May 2013 - 02:13 PM, said:

Along with the four recalls already in the pipeline in CO

Ok,I'm confused (not surprisingly).Why is the Gov. the only defendant? The legislature surely had to pass this POS before it got to his desk for signature.Why not every yea vote?

[skinnyb82]

Legislative immunity.  They can't be held accountable for any vote on a piece of legislation.  Its practically absolute and for good reason, I'm sure you can figure out why that is but it cuts both ways and this is a gray area.  I'm surprised the AG isn't a party to the suit though.

Legislators, in extreme cases I believe, should be stripped of said immunity if such a piece of legislation is so egregiously unconstitutional that a first grader could tell that.  This is not one of those cases.  I mean if they were to pass a law saying the punishment for having a 30 round mag is death by drawing and quartering then....uh yeah.  Even an ex post facto ban like in NY.  you can HAVE 30 round mags just not use them to their capacity.  That's like saying "you may own a pen and paper but you may not use either between the hours of 9 pm and 8 am."  Or something heh I couldn't think of a good one.

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Edited by skinnyb82, 17 May 2013 - 09:01 PM.

[Sharz96]

The governor is the head of the executive branch, ultimately responsible for carrying out legislation.  But it seems odd to me, too, that the AG was not named as well.

[TyGuy]

Why is there immunity?

[MINOOKAJOE]

http://news.yahoo.co...-014650482.html


Well it looks like the battle will rage on in Colorado


54  out of 64 Sheriffs have sign on to file the lawsuit  filed at the U.S district court house in Denver.Sheriffs state the new law that would go into effect on July 1st would infringe on the citiziens constitutional rights to defend themselves,and bear arms.


10 sheriffs did not file.



My hats off to the Colorado sheriffs that have filed the lawsuit.

[lockman]

I would post this topic in the judicial thread, also already posted.

http://illinoiscarry...showtopic=37797

Edited by lockman, 18 May 2013 - 07:01 AM.

[patriot1776]

There are lots of good laws and resolutions flying around just not getting us over the hump yet in Illinois .  This is where i live now , so what every other state does , is not part of my situation in Illinois.

[the2ndAmendment]

https://www.youtube....h?v=49F1uWp7kMo

[colt-45]

GOOD JOB HOPE THEY TAKE THEM DOWN IN LAW, GO CO.

[skinnyb82]

Think if legislators could be sued....one party would be suing the other for legislation they don't like and vice versa.  The caseload would bring the judicial branch to its knees.  Criminal immunity is so our elected officials aren't targets of partisan witch hunts where the majority rounds up the minority and has them all tried for bogus crimes.  It goes both ways.

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[TTIN]

skinnyb82, on 17 May 2013 - 08:55 PM, said:

Legislative immunity.  They can't be held accountable for any vote on a piece of legislation.  Its practically absolute and for good reason, I'm sure you can figure out why that is but it cuts both ways and this is a gray area.  I'm surprised the AG isn't a party to the suit though.

Legislators, in extreme cases I believe, should be stripped of said immunity if such a piece of legislation is so egregiously unconstitutional that a first grader could tell that.  This is not one of those cases.  I mean if they were to pass a law saying the punishment for having a 30 round mag is death by drawing and quartering then....uh yeah.  Even an ex post facto ban like in NY.  you can HAVE 30 round mags just not use them to their capacity.  That's like saying "you may own a pen and paper but you may not use either between the hours of 9 pm and 8 am."  Or something heh I couldn't think of a good one.

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Yeah but the governor didn't come up with this bill; he just signed it. (And heck no I ain't taking up for him; just trying to understand)

[Sharz96]

The governor's signing it has nothing whatever to do with this.  If he had vetoed it, and the over-rode his veto, he could/should still be a defendant because the governor is the head of the executive branch that carries out the laws.  If you want to enjoin carrying out the law, you sue to the people who carry it out.  And the buck stops at the governor.  It does surprise, me, however, that they didn't name the AG as well, because that is the branch of the executive that will carry out this particular law.

[SLIM410]

http://www.nraila.or...n-colorado.aspx

[RockerXX]

patriot1776, on 18 May 2013 - 06:54 AM, said:

There are lots of good laws and resolutions flying around just not getting us over the hump yet in Illinois .  This is where i live now , so what every other state does , is not part of my situation in Illinois.

Because District of Columbia v. Heller doesn't play into anything in Illinois...

Every lawsuit brought at the Federal level plays into and is important in the long run for all of us even in IL...  If they win in CO district courts and it's appealed to the SCOTUS it's a huge win for all just like Heller...

I would love nothing less then the folks in CO to win against these restrictions, and if it goes to the SCOTUS or creates a split that causes the SCOTUS to take up the issue that works as well, we are all in this together as a country...

Edited by RockerXX, 18 May 2013 - 11:37 PM.

[skinnyb82]

Your situation in Illinois?  Not "our" but "your"?  Do you live in Chicago or Crook County?  That's a municipal issue anyway.  Colorado is state wide.

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[kevinmcc]

Be great if the laws get over turned and Colorado still loses businesses.

That should be a blow to the progressives there, and hopefully a lesson learned.