We Lost Big In Colorado

[MagnumDweeb]

So we lost big in Colorado, http://coloradopols.com/diary/59823/breaking-judge-tosses-lawsuit-against-colorado-gun-laws.

Our only hope is to appeal to the 10th Cir and if we lose there, then SCOTUS but as we've all seen SCOTUS is not interested in gun cases anymore it seems. So we are.... in trouble.

The Governor's race in Colorado is looking good for Hickenlooper and terrible for the Republican party. I have no idea what's going on with the seats there but I'd imagine they are not changing much at this time.

We keep saying we are winning but we've lost a big fight in Colorado. Yeah we got the recalls and such but Colorado will now have its new laws and won't likely ever lose them. We lost and I can't see how we'll get Colorado back from the antis.

 

[MErl]

But at least we have concealed carry. (and open carry so long as you don't alarm anyone)

I never expected the lawsuit to go anywhere and don't expect the appeal to either.

What I'm expecting after the elections is a split government which at least means it won't get worse anytime soon.

 

[barnbwt]

I want to know why they challenged the law based upon its contents and not the circumstances upon which it was passed (shady, to say the least). Also, why they challenged the law based on some stupid notion that it reduces gun-owners' defensive capabilities (gotta agree with the judge here; there is no way to show that capacity above the levels limited by the law endangers the public --there's just too few instances where it matters for a judge focused on public utility, if there even are any), as opposed to being a blatant infringement on the 2nd Amendment with no demonstrable public utility.

While you cannot prove the restriction makes gun owners less safe, you can much more easily prove that the restrictions don't make anyone else safer, and thus are not a justifiable restriction of gun rights (I personally think mere public utility is not sufficient cause to restrict these rights, but we have to remember what kind of judge we'd be dealing with, here).

It's just frustrating to see the couple of judicial setbacks we've had recently, and how nearly all of them, for whatever reason, depended upon a poorly constructed argument that missed the heart of the injustice and allowed it to go unaddressed by the courts.

In her 50-page ruling, U.S. District Judge Marcia Krieger wrote "evidence shows that large-capacity magazines are frequently used in gun violence and mass shootings, and that often a shooter will shoot continuously until a weapon jams or the shooter runs out of ammunition." - See more at: http://coloradopols.com/diary/59823...gainst-colorado-gun-laws#sthash.qQ93sIO4.dpuf

Is this that stupid argument that we should hang back within a 3 second striking range of an active shooter until his gun goes "click" and we can rush him? BTW, more prevalent that high capacity magazines, has been the presence of multiple firearms at every mass shooting that I can recall off the top of my head --a dry mag or jam won't stop them from shooting when you go to tackle them

TCB

 

[eisenhower]

As if the news wasn't bad enough read the comments underneath.

 

[Hypnogator]

At least part of the ruling denied one of the plaintiffs status because he was unlikely to suffer injury because it was unlikely the law would be enforced!

From page 15 of the ruling:

In addition, assuming that he kept a firearm for longer than 72 hours with the owner’s permission while performing maintenance duties on it, he has not shown any credible threat that he would be prosecuted for not first obtaining a background check. Accordingly, the evidence does not establish Mr. Harrell’s standing.

Are we now to understand that a law is Constitutional because it is unlikely to be enforced?

 

[Hunterdad]

Welcome to the club.

-Adam from NY

 

[larryh1108]

As if the news wasn't bad enough read the comments underneath.

I totally hear you! Some of the comments show just how ignorant the anti-gun crowd really is. They don't want "common sense laws" like they claim, they want every gun owner to be put out with the trash.

 

[itsa pain]

But at least we have concealed carry. (and open carry so long as you don't alarm anyone)

I never expected the lawsuit to go anywhere and don't expect the appeal to either.

What I'm expecting after the elections is a split government which at least means it won't get worse anytime soon.

It seems concealed carry is all anyone cares about

 

[bullzeye8]

Yeah reading those comments disgusted me too.

 

[SSGT PRIDE]

We got land and really nice homes in Guntucky!.....Lots of gun friendly politicians and judges too!....We got lots of people that open carry in stores with no problems!...Kroger / Wal Mart....whatever!

 

[lilguy]

This law was found constitutional, whether it's good law or not is a political question and was not the issue the court was dealing with. We need to change our government. If we can't do that we need to live with the restrictions.
Liberals F up the areas they live in and move out to places like Colorado. They
Will eventually F up their new homes and move on. The are like locust, a scourge to mankind.

 

[MarkDido]

Sadly, many western states with histories of independence and rugged individualism like CO, MT, TX are being taken over by west coast liberals who bring their politics with them.

They've screwed up their states, and now they want to screw up someone else's... like locust

 

[glennv]

Well you folks will be happy to know that in Rhode Island we are doing everything we can to hold on to our welfare and disability grabbers. :banghead:

 

[Red Wind]

^You still have your sense of humor though!

I would rather live in Rhode Island than my home state of New Jersey any day of the week.

 

[4v50 Gary]

What Mark Dido says is right. A native Coloradan told me how great this place was until the Californians moved in here. We actually had three Californians in my class when I started school a few years back. All three of us were pro-2A and fled California only to arrive in time to see Colorado begin its slip downhill.

We in Colorado must put Hickenlooper out of office and into the unemployment lines.

 

[Old Fuff]

First of all, I suspect the TV station is located in one of the urban-centric areas on the east side of Colorado, and that would explain some of the posted comments.

Second: It's always bad when you lose in court, but at this point it isn't the end of the world. Gun rights advocates should be focused on the upcoming election in November, and getting they're supporters voted into office. At a minimum the Republicans and Libertarians need to come together and agree not to split the conservative vote. Doing this is against the best interests of both.

 

[Paul7]

Very glad I live in NM and not CO.

 

[ohbythebay]

Wow !!!!

As if the news wasn't bad enough read the comments underneath

You are right....started reading through the comments...complete anti brainwashed sheep. Wait till Joe Criminal rolls up on their doorstep...

 

[Phaedrus/69]

A true Libertarian would have little reason to help out a Republican. They're as bad as the Democrats. I want to keep the Dems out of my gun cabinet and the Repubs out of my bedroom and computer.

 

[HexHead]

At least it didn't get lowered from 15 to 10.

 

[Old Fuff]

A true Libertarian would have little reason to help out a Republican. They're as bad as the Democrats. I want to keep the Dems out of my gun cabinet and the Repubs out of my bedroom and computer.

The last election in 2012 clearly showed what happens if the conservative vote is split.

So in the real world you are going to find that the Libertarians can't win a majority so its a matter of supporting the Republicans or getting the Democrats.

Take your choice.

 

[jerkface11]

The last election offered no pro second amendment candidate.

 

[MErl]

At least it didn't get lowered from 15 to 10.

Give it a few years, unless something truly unexpected happens it is not going to get any better.
The limit was raised from 10 to 15 early on in the process to get it to pass at all. At 15 it does not affect most handguns. We know the ultimate goal is 0 so just give it time.

 

[cfullgraf]

The last election in 2012 clearly showed what happens if the conservative vote is split.

So in the real world you are going to find that the Libertarians can't win a majority so its a matter of supporting the Republicans or getting the Democrats.

Take your choice.

Exactly.

 

[GEM]

One interesting part of the opinion was the attack on the utility of the larger capacity magazines for SD as compared to the risk of them in a rampage.

I'm afraid the progun case wasn't made that strongly. As discussed elsewhere - our own rhetoric is used tellingly against lifting the capacity ban.