Federal judge: No need for injunction to block state law limiting the size of ammunition magazines
Last Updated: 156 days ago
DENVER - A federal judge in Denver did not block the new Colorado state law that limits the size of ammunition magazines Wednesday.
Both parties reached an agreement Tuesday at 9:30 p.m. and the sheriffs withdrew their request for an injunction, a spokesperson for the sheriffs told 7NEWS Reporter Tyler Lopez.
Instead, the sheriffs are asking the Colorado Attorney General's office to redraft tactical guidance on how the magazine limit should be enforced.
“Being able to agree to that, we hope, will move things along, let us move on to discussing the Second Amendment aspects of this case in the future," said Dan Domenico, the Solicitor General for the State of Colorado.
The sheriffs decided not to pursue a preliminary injunction for expanded background checks, given the complexity of the new law and limited time at Wednesday's hearing.
"In the context of something that size, how much can we show in this stage in this case?" Kopel said. He said it's more appropriate to address issues surrounding background checks at trial.
Sheriffs in 55 of Colorado's 62 counties with sheriffs filed a lawsuit in May seeking to overturn the law which bans magazines that hold more than 15 rounds. The sheriffs claimed it violated the Second Amendment right to keep and bear arms. The lawsuit also claimed the magazine law is too vague to enforce because it bans magazines that are "designed to be readily converted" to hold more than 15 rounds.
Democrats argue limits on ammunition magazines and expanded background checks will improve public safety and are an appropriate response to the massacres at the Aurora movie theater last July and at Sandy Hook Elementary School in Newtown, Conn., in December.
Fallout from the debate continues. Two Democrats -- Senate President John Morse and Sen. Angela Giron -- face potential recall elections because they supported the laws.
There's never been a recall election for a Colorado state legislator.
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