Opinions of the Colorado Supreme Court are available to
the public and can be accessed through the Court’s
homepage at
http://www.courts.state.co.us/supct/supct.htmOpinions are also posted on the Colorado Bar Association
homepage at
www.cobar.org.ADVANCE SHEET HEADNOTE
June 5, 2006
Consolidated Case Nos. 04SA396 and 05SA22, State of
Colorado v. City and County of Denver and Sternberg v. City and
County of Denver.
By operation of law, the judgments of the trial courts in
State of Colorado v. City and County of Denver, case number
03CV3809, and in Sternberg v. City and County of Denver, case
number 03CV8609, are affirmed. See C.A.R. 35(e).
SUPREME COURT, STATE OF COLORADO
Two East 14th Avenue
Denver, Colorado 80203
Appeal from the District Court
City and County of Denver, Case No. 03CV3809
Honorable Joseph E. Meyer III, Judge
Appeal from the District Court
City and County of Denver, Case No. 03CV8609
Honorable Larry Manzanares, Judge
Consolidated Cases
Case No. 04SA396
Case No. 05SA22
Case No. 04SA396
DefendantsAppellants/
CrossAppellees:
STATE OF COLORADO and BILL OWENS, in his official capacity as
Governor of the State of Colorado,
v.
PlaintiffsAppellees/
CrossAppellants:
CITY AND COUNTY OF DENVER, a home rule municipal corporation of the
State of Colorado; and JOHN W. HICKENLOOPER, as Mayor of the City
and County of Denver.
* * * * * * *
Case No. 05SA22
PlaintiffAppellant:
JOHN A. STERNBERG,
v.
DefendantsAppellees:
CITY AND COUNTY OF DENVER, a home rule municipal corporation of the
State of Colorado; and JOHN W. HICKENLOOPER, as Mayor of the City
and County of Denver.
JUDGMENTS AFFIRMED BY OPERATION OF LAW
EN BANC
June 5, 2006
2
John W. Suthers, Attorney General
Robert H. Dodd, Jr., Assistant Attorney General
Steve G. Smith, Assistant Attorney General
Business and Licensing Section
Denver, Colorado
Attorneys for State of Colorado and Bill Owens, in his
official capacity as Governor of the State of Colorado
Stephen P. Halbrook
Fairfax, Virginia
Anne Whalen Gill, P.C.
Anne Whalen Gill
Castle Rock, Colorado
Attorneys for John A. Sternberg
Cole Finegan, City Attorney, City and County of Denver
David W. Broadwell, Assistant City Attorney
Denver, Colorado
Attorneys for City and County of Denver, a home rule
municipal corporation of the State of Colorado; and John W.
Hickenlooper, as Mayor of the City and County of Denver
Colorado Municipal League
Erin E. Goff
Geoffrey T. Wilson
Denver, Colorado
Attorneys for Amicus Curiae the Colorado Municipal League
Patricia K. Kelly, City Attorney/Chief Legal Officer, City of
Colorado Springs
Lori R. Miskel, Senior Attorney
Colorado Springs, Colorado
Attorneys for Amicus Curiae City of Colorado Springs
3
Hale Friesen, LLP
Richard A. Westfall
Denver, Colorado
Attorneys for Amicus Curiae National Rifle Association Institute
for Legislative Action
Thomas C. Miller
Denver, Colorado
Attorney for Amicus Curiae Rocky Mountain Gun Owners
Law Offices of Anthony J. Fabian
Anthony J. Fabian
Castle Rock, Colorado
Attorneys for Amicus Curiae Colorado State Shooting
Association
William H. Louis, County Attorney of El Paso County, Colorado
Lori L. Seago, Assistant County Attorney
Colorado Springs, Colorado
Attorneys for Amici Curiae Board of County Commissioners of
El Paso County, Colorado; Sheriff Jim Alderden, Larimer
County; and County Sheriffs of Colorado, Inc.
PER CURIAM.
JUSTICE EID does not participate.
4
Chief Justice Mullarkey, Justice Hobbs, and Justice
Martinez are of the opinion that the judgments of the trial
courts in State of Colorado v. City and County of Denver, case
number 03CV3809, and in Sternberg v. City and County of Denver,
case number 03CV8609, should be affirmed; whereas Justice
Bender, Justice Rice, and Justice Coats are of the opinion that
the judgments should be reversed. Justice Eid does not
participate.
Because the court is equally divided, the judgments of the
trial courts in State of Colorado v. City and County of Denver,
case number 03CV3809, and in Sternberg v. City and County of
Denver, case number 03CV8609, are affirmed by operation of law.
See C.A.R. 35(e).