- Written legal arguments are scheduled to be filed with the Colorado Supreme Court this week by four people who are challenging a proposed ballot initiative calling for background checks on all firearms transactions.
Supporters of the initiative are trying to gather enough signatures to put the initiative on the November state ballot.
Each of the four challenges, which were filed between April 24 and May 10, asks the state's highest court to review the decision by the state's Title Setting Board authorizing the proposed initiative title. That approval allowed supporters to begin collecting petition signatures.
The initiative is designed to do what state lawmakers refused to do during the just-ended legislative session - close the so-called loophole that allows weapons to be purchased from unlicensed dealers at gun shows without background checks.
Petitions are being circulated by Sane Alternatives to the Firearms Epidemic (SAFE), an organization that was formed a year ago after the Columbine High School shootings.
Several of the challenges were filed by people who successfully lobbied against passage of such a law during the legislative session.
Those challengers include William Herpin of Colorado Springs, who has the backing of the Pikes Peak Firearms Coalition. Herpin, however, said he isn't opposed to background checks if they are done quickly and if government agencies don't keep track of firearm owners.
Aimee Rathburn, executive director of the Colorado State Shooting Association, and Barry Wagoner, a National Rifle Association member from Thornton, also are filers who previously have voiced opposition to background checks.
The fourth challenge was filed jointly by Ari Armstrong and Debra Collins.
Among the reasons the challengers say that the ballot title is improper are:
- The proposed initiative contains more than one subject and therefore does not meet the requirements of the state constitution.
- The ballot title and submission clause does not correctly and fairly express the true intent and meaning of the initiative.
- The title and summary are likely to cause confusion and are misleading.
Once the challengers have filed the briefs, the state will file its written argument in support of the Title Setting Board's action. The challengers then will have five days to file a response, Herpin said.
A Supreme Court spokeswoman said the justices will then review the briefs and could make a decision on the legality of proposed initiative title in a matter of weeks.
