A federal appeals court Monday heard oral arguments challenging the state’s laws limiting magazine size and expanding background checks to include almost all firearm sales.
The appeal is the next progression of a case launched by 54 sheriffs who joined gun rights activists to challenge adoption of HB 1224 banning magazines with greater than 15-round capacities and HB 1229 requiring background checks for all firearm transfers.
Last June, U.S. District Judge Marcia Krieger ruled the laws were constitutional saying, “No evidence presented here suggests that the general ability of a person to defend him or herself is seriously diminished if magazines are limited to 15 rounds.”
Now the case, Colorado Outfitters v. Hickenlooper, is under review by a three-judge panel of the Tenth U.S. Circuit Court of Appeals consisting of Judges Jerome A. Holmes, Carolyn B. McHugh and Nancy Moritz. Holmes is an appointment by President G.W. Bush while McHugh and Moritz are more recent appointments by President Obama.
Arguing the case this week for the plaintiffs were noted Denver trial attorney Richard Westfall, who formerly served as Solicitor General of the State of Colorado and Second Amendment luminary Prof. Dave Kopel.
The Sheriffs’ case is joined by briefs from a plethora of gun rights groups to include the National Rifle Association, National Shooting Sports Foundation; a number of law enforcement groups, and the Attorneys General from several pro-gun states to include South Carolina, Utah and Montana.
Garfield County Sheriff Lou Vallario told local media the coalition of lawmen…