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Pro-2nd Amendment Plaintiffs Who Lost Colorado Gun Control Case To Appeal Judge’s Decision

July 2, 2014 by  

Last Friday, we reported on Judge Marcia Krieger’s upholding of Colorado’s controversial gun control laws – laws passed last March that met with instant backlash from county sheriffs and outraged rural voters, who recalled two of the State Senators who helped get the measures through the Legislature.

In a heavily-qualified 50-page decision, Krieger whittled down the Constitutional context for her ruling to one primarily focused on the laws’ impact on the efficacy of firearms for self defense, and sided with Democratic Governor John HIckenlooper, the named defendant who signed the bills into law in March of 2013.

But Weld County Sheriff John Cooke, one of the many plaintiffs on the losing side of that decision, has indicated the court fight to overturn the laws is far from over, telling Breitbart on Tuesday that his party is preparing to appeal the ruling:

What I’ve told people around here – and wherever people come up to me and say, “I can’t believe that ruling,” or “At least you tried” – what I say is, “Wait a minute. This is a fight. This is ten rounds, and we just got knocked down in the first round, and we got back up, and we’re going to continue the fight. We’re not giving up, and we’re not going to stop.”

We are going to file an appeal. We have until July 25 to file our notice of appeal, and our attorneys are already working on it.

As I’ve said before, District of Columbia v. Heller (2008) and McDonald v. Chicago (2010) weren’t settled in district court. They both lost their first rounds and had to take it to the Supreme Court to overturn the DC ban and the Chicago gun law.

Precedents established in both Heller and Chicago proved vital in Judge Krieger’s framing of her decision last week, although she relied on those precedents to arrive at a conclusion that disappointed the many sheriffs, companies, organizations and residents who signed on as plaintiffs.

As the case moves through the appeals process, we’ll keep you posted.

Ben Bullard

Reconciling the concept of individual sovereignty with conscientious participation in the modern American political process is a continuing preoccupation for staff writer Ben Bullard. A former community newspaper writer, Bullard has closely observed the manner in which well-meaning small-town politicians and policy makers often accept, unthinkingly, their increasingly marginal role in shaping the quality of their own lives, as well as those of the people whom they serve. He argues that American public policy is plagued by inscrutable and corrupt motives on a national scale, a fundamental problem which individuals, families and communities must strive to solve. This, he argues, can be achieved only as Americans rediscover the principal role each citizen plays in enriching the welfare of our Republic.

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