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Federal Judge Upholds Colorado’s Mag Cap Ban: No One Needs More Than 15 Rounds for Self-Defense

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“A federal judge on Thursday upheld Colorado’s new gun-control laws that mandated background checks for all gun sales and limited the capacity of ammunition magazines to no more than 15 rounds,” denverpost.com reports. Click here to read Chief Judge Marcia S. Krieger’s ruling. Or not, as it contains statements bound to raise your blood pressure, starting with “the Supreme Court does not equate the Second Amendment ‘right to keep and bear arms’ to guarantee an individual the ‘right to use any firearm one chooses for self-defense.'” Thank you “reasonable regulations” Heller loophole. As for ammunition magazines . . .

Of the many law enforcement officials called to testify, none were able to identify a single instance in which they were involved where a single civilian fired more than 15 shots in self defense.

Huh. So police aren’t civilians. Who knew? Anyway, who cares how many rounds it takes to defend oneself or with what weapon? I thought the Second Amendment was pretty clear about Americans’ civil and natural rights (the bit about shall not be infringed) – whether or not the infringements are “worthwhile” or not.

The Judge understands the proviso, but turns it on its head.

Whether adoption of a fifteen-round magazine limit is a sound public policy or a perfect fit with the General Assembly’s objective to improve public safety is not the question before this  Court. The fit may not be perfect, but the evidence establishes both an important governmental policy and a substantial relationship between that policy and the restriction of § 18-12-302. The provisions of § 18-12-302 are permissible under the Second Amendment.

Because . . . ? She also upheld the extension of background checks to private sales and transfers. “Nothing in the Second Amendment can be read to suggest that a permissible burden on commercial sales of firearms cannot similarly be extended to apply to those acquiring firearms by loan.” Again, “shall not be infringed.”

The plaintiffs have filed an appeal.

 

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