Guns: Colorado's Rocky Road

Following the mass shooting at the Aurora, Colorado theater on 20 July 2012, Colorado's legislature made the decision to introduce various gun control initiatives. Among them were a ban on "high-capacity" magazines holding 15 rounds or more and expanded background checks such that any transfer of a firearm except to certain family members required a NICS (National Instant Criminal Background Check System) check. As gun laws are entirely within the purview of state governments provided they comply with the McDonald decision, Colorado's legislature was not exceeding their authority by imposing such restrictions.

Nevertheless, this ignited a firestorm. Last year two legislators, State Senator Angela Giron and State Senate President John Morse, were recalled due to their support for the more stringent gun control measures. Another State Senator, Evie Hudak, resigned before she could be recalled to preserve her seat for the Democratic Party. Gun rights groups filed a lawsuit in an attempt to have the laws overturned as unconstitutional, which was heard today in federal district court.

I am having a hard time wrapping my head around the rationale behind this controversy. It is the job of the legislature to introduce legislation, is it not? The recall constitutes the most egregious corruption of a system that was created precisely to combat corruption I have ever seen. Recall elections should NOT be used to target legislators who do something you do not like. Think about how profound the chilling effect is on lawmakers. Notice has been served: if they do anything that even remotely impugns the rights of a group they face the business end of a recall petition. The incentive to stick their necks out, already small thanks to the never-ending desire to be re-elected, has now been stifled to such a degree that they will do nothing that entails any sort of risk. The legislature of Colorado has been effectively crippled by a minority of a minority.

Additionally, while I think the magazine capacity law is pointless, the background check law is perfectly reasonable, a remarkable thing in this contentious political climate. Regardless of what I think, though, this is what lawmakers are supposed to do. I cannot fathom how these laws will be struck down, the magazine capacity law is even less stringent than the expired Assault Weapons Ban of 1994 and the background check law certainly seems to be a "reasonable restriction" permissible under McDonald.

As a gun-rights supporter, I am certainly on board with the idea that the Colorado legislature overreached. But there is a proper way to correct that overreach, and initiating recall elections is not it. Nor is filing a lawsuit that will almost certainly fail to achieve the desired result, thus damaging the very cause the plaintiffs support. No, the proper way is to introduce legislation repealing the restrictions. It may succeed, it may not. Doesn't matter. What matters is that we remain a society of laws, not reactionary, petulant children who punish people who don't do their bidding. Doing your job does not constitute a crime. Unless you're a Colorado legislator, that is. For them, doing their job is the easiest way to lose it.