The Associated Press reports:
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.
n 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.
“If individual sheriffs wish to protect individual 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.
Krieger also ruled in favor of part of the technical guidance that the state offered to implement the law when it comes to what it means for a magazine to be “readily convertible.” The guidance outlined that magazines that have removable baseplates won’t be considered part of ban and won’t be seen as being adaptable to hold more rounds than what the law allows.
Carolyn Tyler, spokeswoman with the Colorado attorney general’s office, said “We are pleased that the court recognized that many of the plaintiffs had no standing to bring this case and that our interpretation of the law is proper.”
“We hope to have the important constitutional question that remains resolved quickly and properly,” Tyler added.
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