Judge rules Colorado sheriffs can’t sue over state gun laws
November 28, 2013
DENVER – A federal judge ruled Wednesday that Colorado sheriffs suing the state over new firearm restrictions don’t have standing to proceed with the case as a group, but the legal battle is far from over.
The ruling from U.S. District Judge Marcia Krieger in Denver doesn’t stop the lawsuit because 21 other plaintiffs who are suing do have standing. The court will still consider whether universal background checks and a ban on ammunition magazines that hold more than 15 rounds are constitutional, the judge said.
“At this juncture, the court is not even considering whether the challenged portions of the laws are constitutional,” Krieger said.
Sheriffs in most of Colorado’s 64 counties filed the lawsuit in May, saying the new regulations violate the Second Amendment. The sheriffs are elected and represent rural, gun-friendly parts of the state.
In her ruling, Krieger said sheriffs can still choose to join the suit in an individual capacity, and they’ll have 14 days to make that decision. But they cannot, as a group, sue the state in their official capacities.