While it rivals the DC handgun ban that was overturned with the SCOTUS Heller decision, SB25-003 will ban nearly every semi auto rifle and shotgun that take detachable magazines and some pistols. It is worse than the DC handgun ban.
There are a number of compelling reasons why SB25-003 represents legislative malpractice and why it should be rejected outright. I will share them on this thread.
While this analysis is detailed, it reflects thorough research and careful consideration of the bill's implications. Feel free to share, use the content to write your state legislators, share with committee members, or use in testimony.
Magazine Capacity Limitation Revisited
The Colorado magazine capacity restriction (high capacity/large capacity is an incredibly vague and misleading term) law is unconstitutional based on the NY State Rifle & Pistol Association v. Bruen Supreme Court of the United States (SCOTUS) decision.
The decision in Bruen created a clear standard for evaluating firearm laws and regulations: Any restriction must be consistent with the nation’s historical tradition of firearm regulation at the time of the Founding. All magazine laws restricting capacities fail this test for several reasons:
1) No Historical Basis. Magazine capacity limits lack historical precedent. During the Founding era and the ratification of the Fourteenth Amendment (states infringing on our fundamental rights), firearms capable of firing multiple rounds existed, yet there were no laws limiting their capacity.
2) Impact on Self-Defense. The Heller decision affirmed self-defense as the 2A's core. Magazine limits arbitrarily restrict how many rounds individuals “need,” hindering their ability to protect themselves effectively, particularly against multiple attackers or prolonged threats. While not ubiquitously accepted, but the 2Aexists because the Founding Fathers knew governments become tyrannical. The 2A(2A) keeps government tyranny in check. Self-defense against tyranny.
3) Common Use. Heller and Bruen protect firearms and accessories in common use by citizens. Magazines over 15 rounds are standard for modern firearms and widely used for self-defense, sport shooting, and hunting. Magazines holding 20, 30 and even 50 rounds were available for over 100 years.
4) No Safety Benefit: Magazine size restrictions don’t reduce crime or mass shootings. There is no empirical evidence proving they do. Laws infringing on constitutional rights without proven public safety benefits fail under Bruen.
Colorado's magazine capacity restriction is blatant violation of our Second Amendment Rights.
Months ago, a STEM parent reached out to @dcsdk12 expressing specific concerns but instead of taking it seriously, DougCo School Board sued the parent.
#copolitics
Last night, @momsdemand and @bradybuzz schemed to turn a vigil into an opportunity to grand stand on gun control and invited you two to speak. You both used it as an opportunity to use children to campaign for politics.
