Advocacy & Legal
In This Section
- Take a look at CML's priorities for the 2021 Legislative Session.
CML produces position papers on bills throughout the legislative session. Click here to view.
2020 Colorado Laws Enacted Affecting Municipal Governments is now available. Past editions are available here.
Colorado Supreme Court Affirms Municipal Authority to Regulate Firearms
July 7, 2020
In late June, the Colorado Supreme Court in Rocky Mountain Gun Owners v. Polis, 18SC817 (Colo. 2020), unanimously upheld a 2013 state statute that prohibits large-capacity ammunition magazines, defined as more than 15 rounds, typically associated with semi-automatic weapons. C.R.S. § 18-12-301 et seq. The Court held that this law does not violate the right to bear arms found under Art. II, Sec. 13 of the Colorado Constitution because the state general assembly used a reasonable exercise of police power in enacting the statute.
The decision is important for municipalities because the Court affirmed and clarified the standards that apply in a lawsuit over a local or state firearms law. The Court clarified that right to bear arms is not an unlimited right and is subject to reasonable regulation. The standard in Colorado that a court uses to see whether the law should be upheld is called “reasonable exercise test” and originates from Robertson v. City & County of Denver, 874 P.2d 325 (Colo. 1994).
Tenth Circuit Holds Curfew on Door-to-Door Commercial Solicitors Violation of First Amendment
June 15, 2020
On May 15, the Tenth Circuit Court of Appeals struck down a 7:00 p.m. curfew for door-to-door commercial solicitors because it did not survive First Amendment scrutiny under the Central Hudson test, affirming the district court’s judgment, which concluded that Castle Rock has failed to demonstrate that the curfew advances its substantial interests in a direct and material way. CML filed an amicus brief in support of Castle Rock in this case.
New in the Courts
Board of County Commissioners of Larimer County v. Thompson Area Against Stroh Quarry, 2019 CA1721
February 22, 2021This is one of two cases involving Larimer County that were pending in the Colorado Court of Appeals at the end of 2020, and that will analyze the question of whether and to what extent campaign contributions should force the recusal of a local elected official who is acting in a quasi-judicial capacity.
2019 Laws Enacted is Available