Colorado Prosecutor Makes Second Attempt To Wiggle Out Of Suit Targeting Gun Tax

A Colorado prosecutor on Monday asked a judge to once again dismiss him as a party to a suit against the state’s tax on firearms, weeks after a previous motion was denied.

Colorado voters approved the tax via Proposition KK, which imposed the 6.5% duty on firearms, firearm parts and ammunition in the November 2024 election, prompting pro-Second Amendment groups, including the National Rifle Association (NRA), the Colorado State Shooters Association (CSSA), Second Amendment Foundation (SAF) and the Firearms Policy Coalition (FPC) to file suit in March 2025 to block the measure from taking effect. In the court documents filed Monday, El Paso County District Attorney Michael Allen argued many of the suit’s arguments didn’t apply to him.

In the filing, Allen repeatedly stated that he “neither admits nor denies” the allegations set forth in the case, often arguing that he either had no position on the matter or that the allegations did not involve him. Other times he claimed he lacked “sufficient information from which to either admit or deny the allegations.”

“Having fully answered the Complaint and all claims for relief as to Plaintiffs as set forth herein, Defendant, Michael J. Allen, prays for judgment against Plaintiffs and dismissal of all claims with prejudice,” the document stated. “Further, Defendant, Michael J. Allen, prays for such costs and expenses as may be incurred in this action, for expert witness fees, and for such other relief as the Court deems proper.”

Allen earlier requested he be dismissed as a defendant, but Colorado district court Judge Andrew McCallin rejected his motion on July 27, outlining why he denied Allen’s motion to dismiss in a brief one-page order.

“Defendant Allen first argues that Plaintiffs lack standing to bring this action against him. However, Magnum Shooting Center of Colorado Springs points out that it would potentially face prosecution if it refused to comply with C.R.S. §§ 39-37-101 et seq,” McCallin wrote. “This threat of possible prosecution is sufficient to confer standing on Defendant Magnum in this action. Furthermore, the complaint states a plausible declaratory judgment claim against Defendant Allen.”

Allen and CSSA did not immediately respond to requests for comment from the Daily Caller News Foundation.