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Old March 10, 2013, 01:19 AM   #64
maestro pistolero
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Join Date: August 16, 2007
Posts: 2,148
So, if, as Peterson says, OC is fine as one alternative, he *must* challenge the Denver ordinance banning open carry. Or he can challenge the State restriction of the CC permit to residents, but the petition does not raise that argument. So it is OC or bust. The court says bust cuz he didn't challenge the Denver ordinance. QED. So where am I wrong in this?
Isn't that exactly the requested relief at the top of the original complaint?
This action, under 42 U.S.C. § 1983, seeks a declaratory judgment that the Colorado statute requiring an applicant for a permit to carry a concealed handgun (“CHL”) to be a resident of the State of Colorado violates the Privileges and Immunities Clause of the Constitution of the United States, the Second Amendment to the Constitution of the United States, and the Fourteenth Amendment to the Constitution of the United States, together with an appropriate injunction.
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