John Cooke, Sheriff of Weld County, et al. versus John Hickenlooper, Governor of Colorado.
Civil Action No. 13-Cv-1300-MSK-MJW

***A 10-day trial in this case will commence on Monday, March 31, at 8:30 a.m. Later days of the trial will likely begin at 9:00 a.m. The trial will be held before Chief Judge Marcia S. Krieger, in Courtroom A901 of the Alfred A. Arraj Courthouse, 901 19th Street Denver, CO 80294. Like all trials, this trial is open to the public. Security to enter the federal courthouse is quite strict, and persons wishing admission need to bring a driver's license or passport photo ID. No video or audio recording is permitted anywhere within the federal courthouse.***

Final Pretrial

Plaintiffs' trial brief. March 14, 2014.

Governor's trial brief. March, 14, 2014.

Governor's motion to dismiss count 1 and certain plaintiffs for lack of standing. March 7, 2014.

Plaintiffs' response to defendant's motion to dismiss count 1 and certain plaintiffs for lack of standing. March 14, 2014.

Proposed final pretrial order. February 19, 2014.

Previous Court Filings

United States District Court for the District of Colorado

Complaint & Answer

Plaintiff's complaint. May 17, 2013.

First amended complaint. May 31, 2013.

Governor's answer. June 7, 2013.

Governor's Motion for Certification and proposed order of Questions to the Colorado Supreme Court. June 10, 2013.

Plaintiffs' second amended complaint. July 1, 2013.

Governor's answer to the Second Amended complaint. Aug. 1, 2013.

Sheriff's motion for joinder and for leave to file third amended complaint. Dec. 11, 2013.

Proposed third amended complaint. Dec. 11, 2013.

Judge Krieger's Minute Order. Dec. 19, 2013.

Fourth amended complaint for declaratory and injunctive relief. Dec. 23, 2013.

Answer and objections to fourth amended complaint for declaratory and injunctive relief. Jan. 3, 2014.

Preliminary Injunction

Plaintiffs' Motion for a Preliminary Injunction and a Temporary Restraining Order. June 12, 2013.

Plaintffs' Response to Motion for Certification of Questions. June 14, 2013.

Supplemental brief regarding plaintiff's standing and other issues raised by the Court. June 20, 2013.

Governor's reply in support of motion to certify questions to the Colorado Supreme Court. June 21, 2013.

Governor's brief in opposition to plaintiffs' motion for temporary restraining order and preliminary injunction. June 24, 2013.

Plaintiffs' reply in support of motion for preliminary injunction and temporary restraining order. June 27, 2013.

AG's statement on withdrawal of motion of preliminary injunction. July 10, 2013.

Press release for first major success in lawsuit. July 10, 2013.

Timeline of success.

Motion to Dismiss

Governor's motion to dismiss. Aug. 1, 2013.

Fifty-five Colorado sheriffs' response brief to defendant's motion to dismiss them in their official capacities. Aug. 22, 2013.

Plaintiffs' response to defendant's motion to dismiss. Aug. 22, 2013.

Reply in support of motion to dismiss plaintiffs' claims two, three, and four, and to dismiss sheriffs as plaintiffs acting in their official capacity. Sept. 5, 2013.

Opinion and order granting in part and denying in part defendant's motion to dismiss. Nov. 27, 2013.

Plaintiffs' unopposed motion to alter or amend order (#96) on motion to dismiss. Dec. 9, 2013.

Motion for Protective Order against Deposition of the Defendant

Motion for protective order. Sept. 25, 2013.

Plaintiffs' response to defendant's motion for protective order. Oct. 4, 2013.

Reply in support of motion for protective order. Oct. 8, 2013.

Order regarding defendant Hickenlooper's motion for protective order. Oct. 28, 2013.


The Bills Enacted by the Legislature

House Bill 1224. Magazine ban.

House Bill 1229. Background checks and registration process for temporary transfers and for private sales.

Attorney General's Technical Guidance on interpretation of HB 1224.

Attorney General's additional technical guidance on the interpretation, application of HB 1224.

 

Articles by the Sheriffs

The difference between sheriffs and police chiefs. By John B. Cooke. Denver Post. June 14, 2013.

Sentinel way off track in attacking sheriffs for following and upholding the law. By Doug Darr. Aurora Sentinel. June 13, 2013.

Sheriff Wiggins: Why I joined the lawsuit. By Garrett Wiggins. Steamboat Pilot. May 17, 2013.

 

County Resolutions in Support of 2nd Amendment

El Paso County

Weld County

Delta County

Montrose County

Mesa County

Moffat County

Montezuma County

Garfield County

 

Other Materials

Independence Institute: First major success in challenging anti-gun bills

9News report on anti-gun bill's failures

Photo slideshow of Colorado and the Second Amendment events across the state

Press Conference for filing of case

 

The Plaintiffs

John B. Cooke, Sheriff Of Weld County, Colorado;

Terry Maketa, Sheriff Of El Paso County, Colorado;

Justin Smith, Sheriff Of Larimer County, Colorado;

David A. Weaver, Sheriff Of Douglas County, Colorado;

Bruce W. Hartman, Sheriff Of Gilpin County, Colorado;

Ken Putnam, Sheriff Of Cheyenne County, Colorado;

Dennis Spruell, Sheriff Of Montezuma County, Colorado;

Tim Jantz, Sheriff Of Moffat County, Colorado;

Jerry Martin, Sheriff Of Dolores County, Colorado;

Mike Ensminger, Sheriff Of Teller County, Colorado;

Shayne Heap, Sheriff Of Elbert County, Colorado;

Chad Day, Sheriff Of Yuma County, Colorado;

Fred D. Mckee, Sheriff Of Delta County, Colorado;

Lou Vallario, Sheriff Of Garfield County, Colorado;

Fred Hosselkus, Sheriff Of Mineral County, Colorado;

Brett L. Powell, Sheriff Of Logan County, Colorado;

James Faull, Sheriff Of Prowers County, Colorado;

Larry Kuntz, Sheriff Of Washington County, Colorado;

Brian E. Norton, Sheriff Of Rio Grande County, Colorado;

Duke Schirard, Sheriff Of La Plata County, Colorado;

Jim Beicker, Sheriff Of Fremont County, Colorado;

Ronald Bruce, Sheriff Of Hinsdale County, Colorado;

Chris S. Johnson, Sheriff Of Otero County, Colorado;

Fred Jobe, Sheriff Of Custer County, Colorado;

Donald Krueger, Sheriff Of Clear Creek County, Colorado;

James Crone, Sheriff Of Morgan County, Colorado;

Si Woodruff, Sheriff Of Rio Blanco County, Colorado;

Tom Ridnour, Sheriff Of Kit Carson County, Colorado;

Tom Nestor, Sheriff Of Lincoln County, Colorado;

Stan Hilkey, Sheriff Of Mesa County, Colorado;

Forrest Frazee, Sheriff Of Kiowa County, Colorado;

Rick Dunlap, Sheriff Of Montrose County, Colorado;

Ted B. Mink, Sheriff Of Jefferson County, Colorado;

Dave Stong, Sheriff Of Alamosa County, Colorado;

Fred Wegener, Sheriff Of Park County, Colorado;

Bruce Newman, Sheriff Of Huerfano County, Colorado;

Randy Peck, Sheriff Of Sedgwick County, Colorado;

Dominic Mattivi, Jr., Sheriff Of Ouray County, Colorado;

John Minor, Sheriff Of Summit County, Colorado;

Scott Fischer, Sheriff Of Jackson County, Colorado;

Peter Gonzalez, Sheriff Of Archuleta County, Colorado;

Rick Besecker, Sheriff Of Gunnison County, Colorado;

Charles “Rob” Urbach , Sheriff Of Phillips County, Colorado;

Rod Fenske, Sheriff Of Lake County, Colorado;

Grayson Robinson, Sheriff Of Arapahoe County, Colorado;

David D. Campbell, Sheriff Of Baca County, Colorado;

Mike Norris, Sheriff Of Saguache County, Colorado;

Amos Medina, Sheriff Of Costilla County, Colorado;

Miles Clark, Sheriff Of Crowley County, Colorado;

David Encinias, Sheriff Of Bent County, Colorado;

Sue Kurtz, Sheriff Of San Juan County, Colorado;

James (Jim) Casias, Sheriff Of Las Animas County, Colorado;

Garrett Wiggins, Sheriff Of Routt County, Colorado;

Douglas N. Darr, Sheriff Of Adams County, Colorado;

Rodney Johnson, Sheriff Of Grand County, Colorado;

Colorado Outfitters Association;

Colorado Farm Bureau;

National Shooting Sports Foundation;

Magpul Industries;

Colorado Youth Outdoors;

USA Liberty Arms;

Outdoor Buddies, Inc.;

Women For Concealed Carry;

Colorado State Shooting Association;

Hamilton Family Enterprises, Inc., D/B/A Family Shooting Center At Cherry Creek State Park;

David Strumillo;

David Bayne;

Dylan Harrell;

Rocky Mountain Shooters Supply;

2nd Amendment Gunsmith & Shooter Supply, LLC;

Burrud Arms Inc. D/B/A Jensen Arms;

Green Mountain Guns;

Jerry’s Outdoor Sports;

Grand Prix Guns;

Specialty Sports & Supply;

Goods For The Woods.