Lawrence M. ROBERTSON, Jr., M.D.; Sharon Deatherage; Jeffrey Hecht; and David Jewell, d/b/a Scotties Guns & Militaria, Plaintiffs-Appellees,
State of Colorado, ex rel. Duane Woodard, Plaintiff/Intervenor-Appellee,
v.
The CITY AND COUNTY OF DENVER; Ari Zavaras, Chief of Police of the City and County of Denver; and Manuel Martinez, Manager of Safety and Ex-Officio Sheriff of the City and County of Denver, Defendants-Appellants.
Supreme Court of Colorado, En Banc.https://leagle.com/images/logo.png
May 2, 1994.
May 2, 1994.
Attorney(s) appearing for the Case
Ralph B. Rhodes, Denver, Stephen P. Halbrook, Fairfax, VA, for plaintiffs-appellees.
Gale Norton, Atty. Gen., Stephen K. ErkenBrack, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., Shawn Mitchell, Sp. Counsel, Denver, for plaintiff, intervenor-appellee.
David B. Kopel, Golden, for plaintiffs.
Daniel Muse, City Atty., John L. Stoffel, Jr., Karen A. Aviles, Asst. City Attys., Denver, for defendants-appellants.
Felix L. Sparks, Lakewood, Chambers, Dansky and Hansen, David J. Dansky, Denver, for amici curiae Center to Prevent Handgun Violence, People United—No Children's Handguns, CO Chapter of American College of Emergency Physicians, CO Chapter of American College of Surgeons, Denver Medical Soc., CO Chapter of American Public Health Ass'n, CO Nurses Ass'n, CO Chapter of American Academy of Pediatrics, and Soc. of Critical Care Medicine.
A. William Ritter, Jr., Dist. Atty., Everett Engstrom, Deputy Dist. Atty., Denver, for amicus curiae Dist. Atty.
Robert Dowlut, Washington, DC, for amicus curiae Firearms Civil Rights Legal Defense Fund, Law Enforcement Alliance of America, CO State Shooting Ass'n, and Firearms Coalition of CO.
Wade H. Eldridge, P.C., Wade Eldridge, Denver, for amici curiae Intern. Wound Ballistics Ass'n, Doctors for Integrity in Research and Public Policy, CO Ass'n of Law Enforcement Firearms Instructors, Nat. Ass'n of Chiefs of Police, Congress of Racial Equality, American Federation of Police, Independence Institute, Second Amendment Foundation, and Veterans of Foreign Wars.
Supreme Court of Colorado, En Banc.
Chief Justice ROVIRA delivered the Opinion of the Court.
This case presents questions of whether an ordinance banning the manufacture, sale, or possession of "assault weapons" within the City and County of Denver violates article II, section 13 of the Colorado Constitution, and the constitutional proscription against laws that are impermissibly vague or overbroad.1
I
In October 1989, the Denver City Council (City Council...
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