firearm
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10th Circuit overturns sentence for gang shooting because judge incorrectly applied law
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The federal appeals court based in Denver overturned a defendant’s seven-year sentence related to a gang shooting because the trial judge did not understand Colorado law when he explained why self-defense did not apply. U.S. District Court Judge Daniel D. Domenico sentenced Lougary Eddington to 84 months in prison for being a felon in possession…
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Federal judge finds Montrose County deputy did not unlawfully seize 33 guns
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A Montrose County sheriff’s deputy had probable cause to search a Cimarron home and seize 33 firearms based on information she learned about one of the home’s occupants, a federal judge ruled on Monday. Anna Dulaney, the owner of the home, sued Deputy Angela Grubbs for an alleged Fourth Amendment violation, arguing Grubbs’ application for a…
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Federal judge declines to reconsider decision allowing jury trial against gun manufacturer
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A federal judge has rebuffed a Pennsylvania-based gunmaker’s request and stood by her previous order allowing a jury to decide whether a manufacturing defect caused a handgun to accidentally discharge into its owner at a Colorado Springs movie theater. U.S. Magistrate Judge Maritza Dominguez Braswell declined to reconsider her previous finding that John Heikkila could…
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State Supreme Court interprets ‘straw purchase’ law to encompass shared use of guns
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The Colorado Supreme Court on Monday interpreted a gun safety law enacted after the Columbine High School massacre, ruling for the first time that the illegal transfer of a firearm to a prohibited person can encompass the shared use of a weapon in a household. The court declined to say whether someone can violate the…
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10th Circuit upholds home search because defendant’s mom invited police to look around
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The federal appeals court based in Denver has agreed police were lawfully inside an Adams County home at the explicit invitation of the defendant’s mother when they spotted the defendant’s handgun in a drawer, leading to federal charges for firearms possession. Mario Raymond Sanchez is serving a three-year sentence for possessing a weapon despite a…
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SCOTUS decision on gun rights does not shield nonviolent felons from disarmament, judge finds
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Although the U.S. Supreme Court recently made it easier to strike down gun safety regulations under the Second Amendment, a federal judge has rejected the claim that the longstanding ban on firearm possession by felons – even nonviolent ones – is unconstitutional. Last week, U.S. District Court Judge Regina M. Rodriguez declined to dismiss the…
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State Supreme Court hears cases on sleeping juror, ‘straw purchase’ law
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The Colorado Supreme Court traveled to Colorado Springs to hear two cases on Thursday, exploring whether a sleeping juror implicated a defendant’s constitutional right to a jury of 12, and whether there was sufficient evidence to convict a woman for violating the state law that prohibits “straw purchases” of firearms. Oral arguments at Pine Creek…
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Despite gun-friendly SCOTUS ruling, federal judge declines to declare possession law unconstitutional
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Although the U.S. Supreme Court issued a decision earlier this year making it easier to strike down gun safety regulations under the Second Amendment, a federal judge has disagreed with a man’s contention that he cannot now be prosecuted in Colorado under a longstanding law prohibiting felons from possessing firearms. Perrion Gray, who is facing…
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Justices clarify standard for establishing identity in previous-offender cases
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Colorado’s Supreme Court has clarified the level of evidence prosecutors must present to establish that a defendant who is charged with possession of a weapon by a previous offender does, in fact, have a prior felony conviction. In its ruling on Monday, the court decided there must be an “essential link” between the defendant and…
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SCOTUS decision on guns continues to reverberate through Boulder County
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The fallout from the U.S. Supreme Court’s recent rollback of gun safety regulations continued through Colorado on Tuesday, as a federal judge temporarily blocked Boulder County from enforcing its prohibitions on large-capacity magazines and “assault weapons.” U.S. District Court Judge Charlotte N. Sweeney issued a 14-day temporary restraining order against a county ordinance that forbids…
