gun
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Federal judge partially allows challenge to proceed against gun ordinances in Boulder County
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A federal judge on Thursday permitted firearm owners and two gun-rights organizations to proceed with their constitutional challenge to certain provisions of gun safety ordinances enacted by Boulder County and three of its municipalities. Rocky Mountain Gun Owners, the National Association for Gun Rights and five individual Coloradans filed suit in 2022 over local firearms…
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Federal judge begrudgingly dismisses Club Q survivors’ claims against El Paso County, ex-sheriff
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A federal judge vented his frustration on Monday with El Paso County leaders, criticizing their lackluster approach to a key gun safety law while acknowledging he was obligated to dismiss the claims against them brought by survivors of an LGBTQ nightclub shooting. “Plaintiffs can take some slim solace in the fact that, while the individual county…
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Federal judge bars evidence from pat-down, finds Sterling officer had no grounds to search motorist
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A federal judge barred evidence from a pat-down search from being used against a defendant on Monday, concluding a Sterling police officer violated the man’s rights by searching him without a legal basis. Federal prosecutors indicted Jorge Sigala-Baray for being a felon in possession of a firearm. Police discovered the gun on Sigala-Baray after pulling him over for…
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Federal judge upholds Colorado law increasing gun purchasing age
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A federal judge on Thursday upheld a 2023 Colorado law generally increasing the age to purchase firearms, after the challengers acknowledged a recent federal appeals court decision dictated the outcome. Senate Bill 169 created a misdemeanor offense for those who sell guns to people younger than 21. Similarly, it became a misdemeanor for someone under 21…
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10th Circuit mulls whether to block Colorado’s ‘ghost gun’ law
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Members of the Denver-based federal appeals court last week probed the details of a 2023 Colorado law prohibiting the possession and purchase of certain firearm components not imprinted with a serial number — deemed “ghost guns” — that a trial judge declined to block last year. To address the proliferation of guns privately assembled from kits or 3-D printers,…
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Colorado’s Judge Tymkovich moderates panel on public nuisance lawsuits
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A member of the federal appeals court based in Denver moderated a discussion earlier this fall about public nuisance lawsuits, including one pending before the Colorado Supreme Court seeking to hold oil and gas producers accountable for climate change. Judge Timothy M. Tymkovich of the U.S. Court of Appeals for the 10th Circuit appeared on…
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SCOTUS gun rights decision does not affect man’s firearm conviction, appeals court rules
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Colorado’s second-highest court declined to consider last week whether a man was convicted of a firearm offense under an unconstitutional law, noting the Colorado Supreme Court recently confirmed that changes in legal interpretation do not affect certain cases on appeal. A Pueblo County jury convicted Thomas Gene Rael in spring 2022 of being a prior…
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Colorado Supreme Court examines reasonableness of DPS search of student on ‘safety plan’
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The Colorado Supreme Court considered this week what constitutional safeguards are necessary when school officials place students on “safety plans” that call for routine searches, even when there is no reasonable suspicion of an offense. The case may be the first in the country scrutinizing student safety plans, and balancing the Fourth Amendment’s prohibition on…
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Federal judge dismisses Colorado Springs man’s challenge to 3 state gun laws
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A federal judge last week dismissed a Colorado Springs man’s lawsuit that sought to declare multiple gun safety laws unconstitutional in the wake of a recent U.S. Supreme Court decision expanding gun rights. Delbert Elmer Sgaggio Jr. sued to halt enforcement of Colorado’s law prohibiting those who are subject to protection orders, also known as…
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10th Circuit upholds Colorado Springs police’s gun search after second look at case
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Two years after ruling that Colorado Springs police used an unconstitutional search warrant to recover illegally owned guns from a man’s property, the federal appeals court based in Denver has conceded the officers nonetheless acted in good faith. The decision means the key evidence of a crime – the guns themselves – did not need to be…
