February 26, 2013 11:29 AM UTC

Extreme gun group planning lawsuit to throw out all gun checks, including existing ones

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• by: Jason Salzman

Even before the bill requiring universal background checks on gun purchases clears the State Legislature, as expected, the head of Rocky Mountain Gun Owners, Dudley Brown, is promising to challenge the law in court.

No surprise there from an organization that puts "no compromise" atop its website. But it deserves reporting because of the sweeping impact that Brown says he lawsuit could have.

Brown says his organization will use a legal strategy that would not only overturn the universal-background-check law, but also the existing Colorado Brady Act, which requires limited background checks. So all background checks would be eliminated.

Brown made these comments on KFKA radio's Scooter McGee show last week:

Scooter (@13:20): Unfortunately, the fight is not working. They are going to pass this. Conservatives are now saying, well, even if it passes, it won't work in the courts. Well even if it goes–

Brown: I disagree. Look, I was quoted in the McDonald decision by the United States Supreme Court, directly quoted by Justice Alito in the majority decision. I will tell ya that some of those decisions, unfortunately, both Heller and MacDonald, justify gun control. You've been told a lie, if you think that Heller or MacDonald, are going to overturn any of these bills. I don't believe they are. Is it possible that we could overturn the expansion of Brady in the universal background checks because of Article II, Section 13, that says 'the right of no person to keep and bear arms shall be called in question?' Well, we're going to try. But it's not just going to just repeal that bill. It's going to repeal the entire Colorado Brady Act, if it's actually successful. Because we don't believe that you should be required to go through a background check. The truth is, the NRA isn't going to support us on that. They never have. They've actually been in favor of Brady checks–and expand Brady checks, including mental health provisions. And here's a news flash to you, Scooter, if they have mental health provisions, you'll never be able to pass a Brady check, because they will call you crazy.

Scooter: News to you, Dudley?

Brown: So will they me. So will they Kevin Blake, who is listening. So they will most gun owners.

Scooter: They are going to do it to all of us, and that is ultimately the crux of this…

I'm hoping McGee treats his conservative audience to a conversation with the NRA about its legal plans if the background-checks bill passes, and he invites Brown along for the ride.