This case was last updated from U.S. District Courts on 07/29/2022 at 11:38:16 (UTC).

Gates et al v. Polis

Case Summary

On July 28, 2022, Benjamin Gates (“Gates”), Travis Swartz (“Swartz”) and National Foundation for Gun Rights, Inc. (“NFGR”) (collectively, “Plaintiffs”), represented by Barry K. Arrington of Arrington Law Firm, and Eric P. Apjoke and Shaun Pearman of Pearman Law Firm, P.C., filed a civil rights lawsuit against Jared S. Polis, in his official capacity as Governor of the State of Colorado (“Defendant”), seeking declaratory and injunctive relief for alleged enforcement of the magazine ban in derogation of Plaintiffs’ constitutional rights. This case was filed in the U.S. District Court for the District of Colorado with Judge Lewis T. Babcock presiding.  

In the complaint, Plaintiffs alleged that “this action challenges the constitutionality of the Magazine Ban. C.R.S. § 18-12- 301(2) defines ‘large-capacity magazine’ to mean a fixed or detachable magazine, box, drum, feed strip, or similar device capable of accepting, or that is designed to be readily converted to accept, more than fifteen rounds of ammunition. C.R.S. § 18-12-302(1) makes it generally a crime to sell, transfer, or possess in the State a ‘large-capacity magazine.’ C.R.S. § 18-12- 302(2) grandfathers magazines that were owned prior to July 1, 2013, but these magazines may not be transferred to any other person, including by gift or devise to members of a person’s own family. Therefore, even for grandfathered magazines the Magazine Ban operates as a rolling generational ban.”

Plaintiffs further alleged that “the Magazine Ban uses politically charged rhetoric to describe the arms it bans. The Magazine Ban’s characterization of these magazines as ‘large capacity’ is a misnomer. Magazines capable of holding more than 15 rounds are standard capacity magazines. Plaintiffs refuse to adopt the State’s politically charged rhetoric in this Complaint. Therefore, for purposes of this Complaint, the term ‘Banned Magazine’ shall have the same meaning as the term ‘large-capacity magazine’ in C.R.S. § 18-12-301(2).”

Plaintiffs also alleged that “there is an actual and present controversy between the parties. The Magazine Ban infringes on Plaintiffs’ right to keep and bear arms under the Second Amendment by generally prohibiting the possession of arms that are commonly possessed by millions of Americans for lawful purposes. Defendant denies these contentions. Plaintiffs desire a judicial declaration that the Magazine Ban, facially and/or as applied to them, violates their constitutional rights. Plaintiffs should not be forced to choose between risking criminal prosecution and exercising their constitutional rights. The risk of criminal prosecution on account of exercising a constitutionally protected right unlawfully chills the exercise of that right and thus violates the Constitution even if the criminal defendant ultimately prevails.”

Plaintiffs presented one claim for relief alleging violation of the right to keep and bear arms under the U.S. Constitution, Amendments II and XIV.

In the prayer for relief, Plaintiffs requested a declaration that the Magazine Ban is unconstitutional, an injunction, and an award of reasonable attorney fees, costs, and expenses.

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:22-CV-01866

  • Filing Date:

    07/28/2022

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Civil Right - Other Civil Right

Judge Details

Presiding Judge

Lewis T. Babcock

 

Party Details

Plaintiffs

Benjamin Gates

Travis Swartz

National Foundation for Gun Rights Inc

Defendant

Jared Polis

Attorney/Law Firm Details

Plaintiff Attorneys

Eric Paul Apjoke

Attorney at Pearman Law Firm, P.C.

4195 Wadsworth Boulevard

Wheat Ridge, CO 80033

Shaun Pearman

Attorney at Pearman Law Firm, P.C.

4195 Wadsworth Boulevard

Wheat Ridge, CO 80033

Barry Kevin Arrington

Attorney at Arrington Law Firm

3801 East Florida Avenue, Suite 830

Denver, CO 80210

 

Court Documents

1 #1

Main Document

1 #1

Exhibit A

1 #2

Exhibit B

#2

(#2) SUMMONS REQUEST as to Jared S. Polis by Defendants Benjamin Gates, National Foundation for Gun Rights Inc, Travis Swartz. (Arrington, Barry) (Entered: 07/28/2022)

4 #4

Main Document

4 #1

Magistrate Judge Consent Form

#5

(#5) NOTICE of Entry of Appearance by Eric Paul Apjoke on behalf of All Plaintiffs Attorney Eric Paul Apjoke added to party Benjamin Gates(pty:pla), Attorney Eric Paul Apjoke added to party National Foundation for Gun Rights Inc(pty:pla), Attorney Eric Paul Apjoke added to party Travis Swartz(pty:pla) (Apjoke, Eric) (Entered: 07/28/2022)

#6

(#6) NOTICE of Entry of Appearance by Shaun Pearman on behalf of All Plaintiffs Attorney Shaun Pearman added to party Benjamin Gates(pty:pla), Attorney Shaun Pearman added to party National Foundation for Gun Rights Inc(pty:pla), Attorney Shaun Pearman added to party Travis Swartz(pty:pla) (Pearman, Shaun) (Entered: 07/28/2022)

 

Docket Entries

  • 07/28/2022
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  • Docket(#6) NOTICE of Entry of Appearance by Shaun Pearman on behalf of All Plaintiffs Attorney Shaun Pearman added to party Benjamin Gates(pty:pla), Attorney Shaun Pearman added to party National Foundation for Gun Rights Inc(pty:pla), Attorney Shaun Pearman added to party Travis Swartz(pty:pla) (Pearman, Shaun) (Entered: 07/28/2022)

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  • 07/28/2022
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  • Docket(#5) NOTICE of Entry of Appearance by Eric Paul Apjoke on behalf of All Plaintiffs Attorney Eric Paul Apjoke added to party Benjamin Gates(pty:pla), Attorney Eric Paul Apjoke added to party National Foundation for Gun Rights Inc(pty:pla), Attorney Eric Paul Apjoke added to party Travis Swartz(pty:pla) (Apjoke, Eric) (Entered: 07/28/2022)

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  • 07/28/2022
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  • Docket(#4) SUMMONS issued by Clerk. (Attachments: #1 Magistrate Judge Consent Form) (norlin, ) (Entered: 07/28/2022)

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  • 07/28/2022
  • Docket(#3) Case assigned to Judge Lewis T. Babcock and drawn to Magistrate Judge Michael E. Hegarty. Text Only Entry (norlin, ) (Entered: 07/28/2022)

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  • 07/28/2022
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  • Docket(#2) SUMMONS REQUEST as to Jared S. Polis by Defendants Benjamin Gates, National Foundation for Gun Rights Inc, Travis Swartz. (Arrington, Barry) (Entered: 07/28/2022)

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  • 07/28/2022
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  • Docket(#1) COMPLAINT against Jared Polis (Filing fee $ 402,Receipt Number ACODC-8575945)Attorney Barry Kevin Arrington added to party Benjamin Gates(pty:dft), Attorney Barry Kevin Arrington added to party National Foundation for Gun Rights Inc(pty:dft), Attorney Barry Kevin Arrington added to party Travis Swartz(pty:dft), filed by Benjamin Gates, National Foundation for Gun Rights Inc, Travis Swartz. (Attachments: #1 Exhibit A, #2 Exhibit B)(Arrington, Barry) (Entered: 07/28/2022)

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