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Thursday, March 24, 2016

Colorado Sheriffs’ Lawsuit Gets A Reset

The 10th Circuit Court of Appeals ruled this week that Colorado Sheriffs (and other plaintiffs) had no standing to sue the state over gun-control laws pushed through in 2013, vacating a lower court ruling against them. 

The effect is twofold: It provides a roadmap for the sheriffs (led by attorney Dave Kopel of the Independence Institute), and the other plaintiffs in the suit, to file a new case, and it vacates the lower court’s finding against them on the case’s merits. The loss in the lower court is erased, as if the case never existed.

The sheriffs have already scored wins: A preliminary injunction in June 2013 forced the state to abandon confusing provisions requiring “continuous possession” of grandfathered magazines and a ban on magazines that could be “converted” to accept more rounds—which included practically all magazines. 

Kopel said Tuesday that the plaintiffs “certainly will” file a new case.