Rocky Mountain Gun Owners v. Hickenlooper: Amicus Brief Defending Colorado Law Prohibiting Large Capacity Ammunition Magazines
Case Information: Rocky Mountain Gun Owners v. Hickenlooper, No. 2014-CA-002178, (Colo. Ct. App. Brief Filed June 16, 2015)
At Issue: In this state court case, plaintiffs are challenging the constitutionality of Colorado laws, enacted in 2013, that, among other things, generally prohibit large capacity ammunition magazines (defined as magazines which can hold more than 15 rounds). Plaintiffs argue that these laws violate the Colorado State Constitution’s right to bear arms provision, which states that “[t]he right of no person to keep and bear arms in defense of his home, person and property… shall be called in question.” The district court upheld the laws, finding them to be a “reasonable” exercise of the state’s police power, specifically designed to protect public safety. The case is now on appeal with the Colorado State Court of Appeals.
The Law Center’s Brief: Our brief makes the argument that large capacity ammunition magazines are not “arms,” and therefore are not protected by the right to bear arms provision contained at Article II § 13 of the Colorado Constitution. The brief argues that large capacity ammunition magazines are non-essential accessories that are not required to operate the vast majority of firearms. Moreover, these magazines are disproportionately used in mass shootings and attacks on police officers and their use is associated with a large increase in the number of people injured and killed in a shooting.