The group of more than 50 sheriffs spearheading a lawsuit in protest of Colorado’s gun laws are no longer allowed to pursue their quest as elected officials, but must act in an individual capacity, a district judge ruled last week.
According to the Associated Press, U.S. District Judge Marcia Krieger ruled the law enforcement officers cannot sue the state over its new firearm restrictions because they serve as elected officials. The group of 54 sheriffs filed the lawsuit in May, but according to Krieger, do not have the standing to proceed as a group.
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“If individual sheriffs wish to protect rights or interests they may do so … however, the sheriffs have confused their individual rights and interests with those of the county sheriff’s office,” Krieger said, according to the AP.
After Colorado Gov. John Hickenlooper (D) signed gun control legislation into law in March, sheriffs from many of the state’s counties filed a lawsuit alleging the new restrictions were in violation of the Second Amendment. The laws in question include mandatory background checks for firearms purchases and a ban on magazines that hold more than 15 rounds.
Krieger’s ruling has no effect on the lawsuit, as there are still 21 other plaintiffs who do have standing.
“At this juncture, the court is not even considering whether the challenged portions of the laws are constitution,” the judge said.
Though the sheriffs cannot take part in the lawsuit as a group, they can join as individuals. That decision, Krieger said, must be made within the next 14 days.
Colorado’s gun control laws went into effect in July and sparked the recall of two state senators, Senate President John Morse and Sen. Angela Giron, both of whom lost their seats. A third, Democratic state Sen. Evie Hudak, resigned last month to skirt a potential recall.
