Loveland, CO – The National Foundation for Gun Rights (NFGR) has been forced to withdraw its lawsuit challenging Colorado’s 2013 magazine ban. Withdrawal of the case became necessary when the National Shooting Sports Foundation (NSSF) refused to allow its Director of Research to give an expert deposition regarding critical evidence of the “common use” of the standard-capacity magazines banned by Colorado.
This followed the Biden-appointed judge throwing out NFGR’s first expert witness on dubious grounds.
National Shooting Sports Foundation refuses to testify
“It’s ridiculous that we have to jump through crazy hoops to prove what everyone knows – that there are millions and millions of these magazines in circulation in the US. But that’s where we are,” said NFGR Executive Director Hannah Hill.
NFGR intends to back a renewed challenge to the unconstitutional magazine ban shortly.
NFGR’s lawyer approached the NSSF’s Director of Research requesting an expert declaration and a supporting deposition necessary to present the evidence in its lawsuit against Colorado. In response, NSSF provided a declaration attesting there are literally hundreds of millions of magazines like those banned by Colorado in circulation.
NFGR’s lawyer submitted the declaration in the lawsuit and began the process of scheduling the necessary deposition as had been previously discussed.
Unfortunately, a month later NSSF informed NFGR’s lawyer that it would not allow its Director of Research (or anyone else) to provide the supporting deposition necessary to use the information in the case. This came after critical legal deadlines for submitting evidence had already passed.
“We were clear with the NSSF – if you won’t defend your study in court, it kills our case,” NFGR President Dudley Brown said. “All we wanted was for NSSF to testify to the facts they already published.”
“This is a setback in the fight to end the mag ban, but we aren’t giving up,” added Hill. “We will keep fighting until this unconstitutional ban is off the books.”
The National Association for Gun Rights and Rocky Mountain Gun Owners (RMGO) have filed multiple challenges to Colorado’s 2013 15-round magazine ban and are challenging so-called “assault weapons” bans and magazine bans across the country.
The National Association for Gun Rights is the nation’s second largest pro-gun organization, with 4.5 million members and supporters nationwide.