Brady Files Amicus Brief in Support of Colorado Large-Capacity Magazine Ban

Washington, D.C., August 16, 2019 - Hundreds of Americans die every year due to mass shootings. Like the recent mass shootings in El Paso and Dayton, large capacity magazines are often used, undeniably making these tragedies more deadly. For that reason, Colorado bars the sale, transfer, or possession of large-capacity magazines. In a lawsuit in which gun groups claim that these laws are unconstitutional under the Colorado Constitution, Rocky Mountain Gun Owners v. Polis, Brady argues that these statues are constitutional, and important to protect public safety.

In an appeal of the case now pending before the Colorado Supreme Court, Brady has filed an amicus brief explaining that the statues are constitutional because 1) they reasonably further the government’s interest in reducing the number of people injured or killed in mass shootings; and 2) they reasonably further the government’s interest in reducing adverse mental-health and economic consequences that stem from mass shootings. Brady is represented by Lisa Fried, Nathaniel Nesbitt, and Mark Gibson of Hogan Lovells US LLP, and Jonathan Lowy and Tanya Schardt of Brady.

Brady Senior Counsel, Tanya Schardt stated,

“Studies show a clear correlation between large capacity magazines and mass shootings. In fact, high capacity magazines are the common thread running through the most deadly mass shootings in America. The use of high capacity magazines consistently results in more shots fired and more people injured and killed. The reality is that even after a shooting is over, survivors, community members and first responders often continue to struggle -- mental health consequences like post-traumatic stress and depression are all too common. Also, the economic cost of mass shootings is exponential for survivors, communities and tax-payers. Colorado’s statutes attempt to reduce and prevent these negative impacts, consistent with the state’s constitution."