Colorado Outfitters v. Hickenlooper: Amicus Brief Defending Colorado Laws Requiring Universal Background Checks and Prohibiting Large Capacity Ammunition Magazines
Case Information: Colorado Outfitters, et al. v. Hickenlooper, et al., No. 14-1290 (10th Cir. Brief Filed Apr. 29, 2015)
At Issue: In this case, plaintiffs are challenging the constitutionality of Colorado laws, enacted in 2013, that require background checks for private firearm sales and transfers and that prohibit large capacity ammunition magazines (defined as magazines which can hold more than 15 rounds). These laws were upheld in their entirety by the district court and plaintiffs have appealed the case to the Tenth Circuit.
The Law Center’s Brief: Our amicus brief argues that these laws are compatible with the Second Amendment because they place such a small burden on a citizen’s ability to keep a firearm in the home for self-defense. The brief argues that laws imposing background checks and regulating large capacity ammunition magazines are “presumptively lawful” and not protected at all by the Second Amendment. Even if these regulations implicate the Second Amendment, both provisions survive constitutional scrutiny because they are reasonably related to the important governmental objective of protecting public safety and the safety of law enforcement officers.