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Gaines: Why the Rodney King-era law fits Colorado’s gun fight
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Colorado Accountability Project, Approved, Commentary, State

Gaines: Why the Rodney King-era law fits Colorado’s gun fight

By Cory Gaines | Commentary, Colorado Accountability Project The DOJ using the Civil Rights Division to sue Colorado and Denver over its magazine ban.  The Rocky Mountain Voice article at bottom details how the Department of Justice is using its Civil Rights Division, along with a novel use of a civil rights law passed back during the Rodney King Era to sue Colorado and Denver over their magazine ban and “assault weapons” ban, respectively. A quote from the piece fleshes this out some:“The law driving both lawsuits came out of the aftermath of Rodney King. Congress passed §12601 in 1994 after Los Angeles erupted in riots, giving the federal government authority to intervene when police departments repeatedly violated constitutional rights. DOJ has used the law fewer than ...
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Three federal cases test whether Colorado treats gun rights as policy or as a limit on government
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Rocky Mountain Voice, Commentary, State, Top Stories

Three federal cases test whether Colorado treats gun rights as policy or as a limit on government

By C. J. Garbo | Guest Commentary, Rocky Mountain Voice Colorado has spent more than a generation treating the Second Amendment as a public-policy question. That is the first mistake. The Bill of Rights does not identify subjects upon which government may act whenever legislators believe their intentions are sufficiently benevolent. It identifies areas in which governmental power is constrained. The distinction is fundamental. A constitutional right does not exist at the pleasure of a legislative majority, nor does its force rise and fall with polling, tragedy, political fashion, or the confidence of public officials in their own judgment. This is particularly important when discussing firearms because the Second Amendment was never merely an eighteenth-century hunting prov...
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Second Amendment Lawsuit Targets Denver Gun Ban and State Magazine Limits
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The Denver Gazette, Approved, State

Second Amendment Lawsuit Targets Denver Gun Ban and State Magazine Limits

By Deborah Grigsby | The Denver Gazette A lawsuit filed in federal court by three Denver residents and two gun rights groups aims to strike down the city’s “assault weapon” restrictions, along with bans on ammunition magazines holding 15 rounds or more. The complaint, filed on June 30 by Ray Elliott, Trevor Alley and Michael Vitco, along with the Firearms Policy Coalition and the Colorado State Shooting Association, an arm of the National Rifle Association, alleges Denver’s semiautomatic firearm ban is unconstitutional, as is its ban on 15-round or larger magazines. Naming the city government, Colorado Gov. Jared Polis, Attorney General Phil Weiser, Colorado Bureau of Investigation Director Armando Saldate III, Colorado State Patrol Chief Col. Matthew Packard and Denve...
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‘If this bill passes, we’re moving’: How a Colorado veteran became a political voice online
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Rocky Mountain Voice, State, Top Stories

‘If this bill passes, we’re moving’: How a Colorado veteran became a political voice online

By RMV Staff | Rocky Mountain Voice A Colorado Springs defense worker who never wanted to be in politics now says the only place left to win back gun rights in this state is a federal courtroom — and that the window is open right now. Nicholas, the veteran behind the YouTube channels Big Timber Lodge and Big Timber Armory, told Heidi Ganahl on the latest episode of Unleashed that he spent more than a year building legal packages for the U.S. Department of Justice, asking it to sue Colorado over its firearm laws. In early May, the DOJ filed suit. Colorado’s gun restrictions moved faster than gun owners could fight them in state court, where judges are appointed under Democrat governors. Now the Trump administration’s Justice Department, not a Colorado plaintiff, is suing the st...
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A Rodney King-era civil rights law drives the federal lawsuit over Colorado’s magazine ban
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Rocky Mountain Voice, State, Top Stories

A Rodney King-era civil rights law drives the federal lawsuit over Colorado’s magazine ban

By Jen Schumann | Rocky Mountain Voice Colorado's magazine ban has been challenged before. The surprise this time is not the Second Amendment argument. It is the DOJ’s decision to use a federal civil-rights law traditionally aimed at police misconduct investigations to make it. On May 5, federal attorneys filed against Denver over its assault-weapons ban. The next morning, they were back in court with another complaint—this one against the state, over the 15-round magazine limit. The law driving both lawsuits came out of the aftermath of Rodney King. Congress passed §12601 in 1994 after Los Angeles erupted in riots, giving the federal government authority to intervene when police departments repeatedly violated constitutional rights. DOJ has used the law fewer than 100 times in t...
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