Appellate Case: 14-1290 Document: 01019447389 Date Filed: 06/19/2015 Page: 1

UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT

COLORADO OUTFITTERS ASSOCIATION, et al.,

Plaintiffs- Appellants, No. 14-1290

v.

JOHN W. HICKENLOOPER, Governor of the State of Colorado,

Defendant-Appellee,

JIM BEICKER, Sheriff of Fremont

County, et al.,

Plaintiffs- Appellants, No. 14-1292

v.

JOHN W. HICKENLOOPER, Governor of the State of Colorado,

Defendant-Appellee.

GOVERNOR’S MOTION TO STRIKE APPENDICES AND ASSOCIATED ARGUMENTS IN REPLY BRIEFS Appellate Case: 14-1290 Document: 01019447389 Date Filed: 06/19/2015 Page: 2

Defendant-Appellee John W. Hickenlooper, in his official capacity

as Governor of the State of Colorado, hereby moves to strike Exhibit 1

to the appellee’s reply brief in Case No. 14-1290 (“FFLs’ reply brief”),

and the Appendix attached to the appellee’s reply brief in Case No. 14-

1292 (“Sheriffs’ reply brief”), as well as the portions of the reply briefs

that rely upon those documents. As grounds for this motion, Defendant

states as follows:

1. Conferral pursuant to 10th Cir. R. 27.3. On June 11, 2015,

undersigned counsel conferred with Peter Krumholz, counsel for

Plaintiffs in Case No. 14-1290. Mr. Krumholz indicated that he was

authorized to speak for Plaintiffs in both appeals, and that all Plaintiffs

oppose this motion.

2. Both the Federal Rules of Appellate Procedure and the

Tenth Circuit’s local rules provide for the preparation and transmission

of appendices containing the relevant portions of the record created in

the district court. FRAP 30(a)(1); 10th Cir. Rule 30.1. While the

parties are encouraged to agree upon and submit a single appellate

appendix, “[a]n appellee who believes that the appellant’s appendix

omits items that should be included may file a supplemental appendix

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with the answer brief.” 10th Cir. Rule 30.2(A)(1). Aside from the

appendices submitted with the parties’ principal briefs, “[n]o other

appendix may be filed except by order of the court.” 10th Cir. Rule

30.2(B).

3. This rule ensures that each party will be able to present the

relevant portions of the record to the Court, and will also have an

opportunity to respond to any arguments based on evidence included in

the record by the opposing party.

4. It is also consistent with the well-settled principle that

documents not received into evidence by the district court will not be

reviewed or considered on appeal, and thus may not be included in the

appendix at any stage of the proceeding. Aero-Medical v. United States,

23 F.3d 328, 329 n.2 (10th Cir. 1994); see also Smith & Wesson v. United

States, 782 F.2d 1074, 1084 (1st Cir. 1996) (“We are an appellate

tribunal, not a nisi prilus court; evidentiary matters not first presented

to the district court are, as the greenest of counsel should know, not

properly before us.”).

5. Here, Exhibit 1 to the FFLs’ reply brief and the appendix to

the Sheriffs’ reply brief run counter to both of these principles. The

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time for submitting and supplementing the appellate appendix is long

since expired. And even more importantly, the attachments in

question—not to mention the information and analyses that they

contain—were never presented to the district court. Accordingly, they

must be stricken.

6. The attachments in question, copies of which are appended

to this motion, include a combined 56 pages of brand-new evidence.

None of this documentation was either disclosed below or offered into

evidence at the trial. Indeed, Plaintiffs admit that they conducted the

analyses in question in the midst of appellate briefing. Yet, despite the

fact that both attachments attempt to introduce evidence that was

never offered below, and was thus never considered by the district

court, both reply briefs expressly rely on it to urge reversal of the

district court’s ruling.

7. Exhibit 1 to the FFLs’ reply brief in Case No. 14-1290 is a

38-page spreadsheet that purportedly reports data gathered from

Gunbroker.com, which the FFLs assert is “the major national website

on which FFLs advertise their services.” Exh. 1, p.1. It was compiled

based on listings reviewed from May 8 to 10, 2015, “photography on

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Google Maps,” and a search of business websites. Id. The exhibit is

accompanied by embedded maps and a several pages of discussion in

the FFLs’ reply brief. Id.

8. The goal of the exhibit and the associated argument in the

FFL reply brief is apparently to establish that FFLs willing to conduct

background checks for private sales are, in contrast to the district

court’s factual findings, few and far between. It is questionable whether

that point is even relevant to the outcome of Plaintiffs’ constitutional

challenge; nonetheless, if Plaintiffs deemed the question important,

they were obligated to develop evidence to support it in the district

court, when their methodology could be properly vetted and subjected to

adversarial testing. They did not do so, and the time for developing the

record has now passed.

9. The appendix to the Sheriffs’ reply brief is perhaps even

more problematic. It appears to be an effort to rehabilitate Plaintiffs’

expert Gary Kleck, whose cross-examination revealed that the data set

that he used for his analysis of mass shooting incidents was both faulty

and grossly underinclusive. The appendix presents an entirely new

expert statistical analysis—accompanied by a three-page glossary of

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terms—not from Dr. Kleck, but from an undergraduate student and a

professor at the College of William and Mary. Much of the data that it

draws upon was not admitted as substantive evidence below. J.A.

967:15-968:2 (articles admitted for sole purpose of “challeng[ing] Dr.

Kleck’s opinions, the methodology, and the amounts of facts and data

her relied upon. We’re not offering them for the truth of the matter

asserted….”). And of course, neither of the individuals who created this

report was ever disclosed as an expert (or any other type of witness)

below, nor was the statistical analysis presented to the district court.

10. In West Coast Life Ins. v. Hoar, 558 F.3d 1151, 1156-57

(10th Cir. 2009), this Court granted a motion to strike in circumstances

similar to those here. In their reply brief, the Hoar defendants “for the

first time offer[ed] statistical evidence regarding auto accident

fatalities,” and also for the first time “discussed the Colorado Ski Safety

Act requirement that ski resort lift tickets warn of the risk of resort

skiing as support for their argument that reasonable minds could differ

on whether heli-skiing is a hazardous activity.” Id. at 1156. The Hoar

defendants urged the Court to take judicial notice of their statistical

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evidence, and suggested that their newly raised theory was merely a

response to arguments made by the plaintiffs in appellate briefing. Id.

11. This Court struck both the new statistics and the

defendant’s new argument. First, Hoar pointed out that the defendants

had offered “no explanation for why they did not seek to introduce the

auto accident fatality statistics before the district court,” and also noted

that, as is the case here, “consideration of this evidence for the first

time in Defendants’ reply brief denies [plaintiff] the opportunity to

contest or rebut the evidence.” Id. at 1157, citing Stump v. Gates, 211

F.3d 527, 533 (10th Cir. 2000).

12. In addition to striking the presentation of new statistics, the

Hoar panel also struck the defendants’ attempt to assert a new

argument because “the evidence Defendants now seek to introduce …

was never brought to the attention of the district court.” Hoar, 558 F.3d

at 1157.

13. The grounds for granting the instant motion to strike are

even more compelling than those in Hoar. Here, in contrast to Hoar,

there can be no serious argument that the new statistical evidence

could be judicially noticed. The completeness and accuracy of the

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sources—a few commercial websites and newspaper articles—can

certainly be reasonably questioned. See FRE 201(b)(2).

14. Moreover, in contrast to Hoar, the new statistics are not

presented as stand-alone evidence. The Sheriffs relied upon theirs to

create an entirely new expert report with advanced statistical analysis.

And while the FFLs’ exhibit and accompanying argument is less

complex, it too contains a substantial interpretive analysis that was

never presented below.

15. Accordingly, because Exhibit 1 to the FFL reply brief and the

appendix to the Sheriffs’ reply brief were not presented below, would be

inappropriate for judicial notice, and are presented at a time and in a

manner that precludes a substantive response from the Governor, they

are prejudicial to the Appellee and should be stricken.

16. The Governor respectfully requests that the Court enter an

order striking Exhibit 1 to the FFL reply brief (Case No. 14-1290), along

with the argument beginning at the first full paragraph of page 9

through and including the last full paragraph of page 11.

17. Similarly, the Governor respectfully requests that the Court

enter an order striking the appendix to the Sheriffs’ reply brief (Case

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No. 14-1292), along with the argument contained in the last full

paragraph of page 31.

Respectfully submitted this 19th day of June, 2015.

CYNTHIA H. COFFMAN Attorney General

s/ Matthew D. Grove MATTHEW D. GROVE * Assistant Solicitor General KATHLEEN SPALDING* Senior Assistant Attorney General STEPHANIE LINDQUIST SCOVILLE* Senior Assistant Attorney General LEEANN MORRILL* First Assistant Attorney General

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CERTIFICATE OF SERVICE

I hereby certify that on June 19, 2015, a true and correct copy

of the foregoing GOVERNOR’S MOTION TO STRIKE

APPENDICES AND ASSOCIATED ARGUMENTS IN

REPLY BRIEFS was served via ECF on the following:

David B. Kopel [email protected]

Jonathan M. Anderson [email protected] Douglas L. Abbott [email protected]

Richard A. Westfall [email protected] Peter J. Krumholz [email protected]

Marc F. Colin [email protected] Jonathan Watson [email protected]

Anthony J. Fabian [email protected]

s/Matthew D. Grove

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CERTIFICATE OF COMPLIANCE AND DIGITAL SUBMISSION

No privacy redactions were necessary. Any additional hard copies required to be submitted are exact duplicates of this digital submission.

The digital submission has been scanned for viruses with the most recent version of a commercial virus scanning program, System Center Endpoint Protection, Antivirus definition 1.199.2954.0, Engine Version 1.1.11701.0, dated June 18, 2015, and according to the program is free of viruses.

s/ Matthew D. Grove

Dated: June 19, 2015

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GUIDE TO MAPS 1 AND 2

The maps contained in the Reply Brief are based on listings in the GunBroker website from May 8 to 10, 2015. (Gunbroker is the source amicus Everytown used to discuss FFLs willing to facilitate private transfers.) Every Colorado FFL who uses the Gunbroker site is listed in the data set. Also recorded is whatever information the FFL provided about fees. The complete list is attached hereto, organized by zip code. The list was compiled by Joseph Greenlee, who is co-counsel to the Sheriffs. HB1229 sets a fee cap of $10 for private intrastate transfers. There is no fee cap for private interstate transfers. In addition to the $10 convenience fee, FFLs can also pass through the separate fee which the Colorado Bureau of Investigation charges to conduct background checks. This fee used to be $10, and has recently been reduced to $7. On the website, some FFLs itemized these separate fees, and sometimes they did not. If the FFL indicated that it would perform a transfer for $20 less, it was assumed that the FFL would do HB1229 transfers. Currently, the maximum that can legally be charged is $17 ($7 to CBI, plus $10 for the FFL). It was also assumed that FFLs who offered transfer services for $20 had not updated their GunBroker listing to reflect the CBI fee reduction. The list of FFLs as retail stores or home-based businesses, also attached hereto, was compiled by Sarah Bouma, Creative Assistant at the Independence Institute. GunBroker was used, plus any FFL website that was linked via GunBroker. A few FFLs had no physical address, or only had a Post Office box; it was assumed that these were home-based businesses, and not retail stores. For FFLs who had street addresses, the photography on Google Maps was used to view the FFL’s building and neighborhood. Most of the actual retail storefronts had a website and a clear image of a commercial neighborhood via Google Maps. Map 2 consists of small circles that are ten mile radius markers (to scale) placed on the street address of the FFL. There are three different patterns to distinguish each type of store. The regular grey dots are public gun stores or sporting goods stores. The opacity of them is less than 100% so that overlap can be seen. The dots made out of a gradient represent pawn shops. The dots with the line pattern inside are FFLs that are attached to some other type of store, such as a tractor store or a camouflage dying business. Appellate Case: 14-1290 Document: 0101943774301019447390 Date Filed: 05/29/201506/19/2015 Page: 2

ZIP CODE STORE NAME FEE Physical Address Retail store? Individuals/no store front 80001 80002 80003 Westminster Arms Long Gun: $30 Hand Gun: $30 NICS: $10 Other: $30 per transfer Colorado Custom Firearms Long Gun: $35 Hand Gun: $35 Renegade Firearms Long Gun: $35 Hand Gun: $35 NICS: $35 80004 The Gunners Den Long Gun: $45 Hand Gun: $45 Tactical Black Firearms Long Gun: $25 Hand Gun: $25 NICS: $10 Colorado CBI: $10 Other: $25 (private sales transfers/background checks) Eagles Nest Armory Long Gun: $39 Hand Gun: $39 NICS: $25 Mile High Black Steel Arms Long Gun: $19 Hand Gun: $19 NICS: $7 Other: $10 per additional firearm if more than one 80005 Peterson Firearms Long Gun: $10 9600 W 77th Pl, Arvada Associated with a new public shooting range in the Denver area Hand Gun: $10 NICS: $10 Other: $20 MatzArms Long Gun: $25 Hand Gun: $25 NICS: $10 80006 80007 Turning Point Ammunition Long Gun: $25 Hand Gun: $25 NICS: $15 80010 80011 High Desert Tactical Concepts Long Gun: $30 Hand Gun: $30 NICS: $10 Appellate Case: 14-1290 Document: 0101943774301019447390 Date Filed: 05/29/201506/19/2015 Page: 3

The Bullseye Long Gun: $25 Hand Gun: $25 Other: $10 per additional firearm if more than one TJ's Gunsmithing Long Gun: $30 Hand Gun: $30 NICS: $10 80012 80013 Cash in a Flash ? Firearm Transfers Long Gun: $20 Hand Gun: $20 NICS: $10 Other: $10 Blue Shield Other: $30 80014 Mile High Guns Long Gun: $40 Hand Gun: $40 80015 Colorado Class 3 Long Gun: $35 Hand Gun: $35 NICS: Included in price above Other: $125 Class 3 Transfers Colorado Mountain Sales, LLC Long Gun: $20 Hand Gun: $20 NICS: $10 Old Steel ? 80016 Spartacus Combatives Firearms Acade Long Gun: $30 Hand Gun: $30 NICS: $30 Ordnance Equipment Co. ? The Corner Shot Long Gun: $25 Hand Gun: $25 Other: $5 credit card fee GeoArms Long Gun: $30 Hand Gun: $30 NICS: $20 Patterson Arms Long Gun: $20 Hand Gun: $20 NICS: $7 Other: $15 for Colorado CHP holders Lead Farmer Supply CO. Long Gun: $25 Hand Gun: $25 NICS: $10 Broadsword Arms Long Gun: $25 Hand Gun: $25 Appellate Case: 14-1290 Document: 0101943774301019447390 Date Filed: 05/29/201506/19/2015 Page: 4

Other: $85 NFA Class 3 High Caliber Consulting, LLC ? 80017 Bullseye Armory Long Gun: $25 plus $10 background check Hand Gun: $25 plus $10 background check Hogan Metal Products Long Gun: $32 (additional firearms $20) Hand Gun: $32 (additional firearms $20) NICS: Included in price above Other: $100 NFA Class 3 Carbon, LLC Long Gun: $20 Hand Gun: $20 80018 J Brandt Tactical Arms, Inc. Long Gun: $20 ($10 each additional gun) No address listed, Aurora Seems like an individual, hours by appt, only, email address listed Hand Gun: $20 ($10 for each additional gun) 80019 80020 [email protected] Long Gun: $20 Hand Gun: $20 NICS: $10 Pyramid +P Products and Consulting ? ColoradoGunTransfers.com Long Gun: $20 Hand Gun: $20 NICS: $10 Cobra Firearms Long Gun: $20 Hand Gun: $20 NICS: $10 80021 LK Firearms, LLC ? Alex Leedham Long Gun: $25 Hand Gun: $25 NICS: $10 Ken's Guns Ammo Reloading Service Other: $45 Aim'N High Shoot'N Supply Long Gun: $30 Hand Gun: $30 NICS: "was previously $20" 80022 Arms Co. LLC Long Gun: $35 Hand Gun: $35 NICS: $10 80024 80025 80026 Jax Outdoor Gear Long Gun: $30 Hand Gun: $30 Long Gun: $25 NICS: $10 Appellate Case: 14-1290 Document: 0101943774301019447390 Date Filed: 05/29/201506/19/2015 Page: 5

OnTarget Custom Gunworks $25 on all firearms Stan's Automotive Long Gun: $20 1950 W South Boulder Rd, Lafayette FFL & retail firearms sales added to existing automotive business Hand Gun: $20 NICS: $7 Other: $10 private party transfers + CBI (up to 3 firearms from same seller) 80027 Boulder Tactical Arms Guns: $20 NICS: $7 Sigmund Williams $20 1603 L Cottonwood Dr, Louisville individual 80028 80030 A Touch of Industry, LLC Guns: $35 (including $10 background check fee) NICS: $35 (if buying or tranferring a gun, background check included) Other: $50 NFA weapons transfer 80031 Yester‐Year Arms $30 ($20 per transfer + $10 state fee) GLM Enterprises, LLC Guns: $30 NICS: $30 BL Custom Firearms Guns: $80 80033 Command Tactical, Inc. ? JB Tactical LLC Guns: $35 Other: $75 NFA Transfer (Class 3) Jandro's Gun & Sport Guns: $35 NICS: $10 Hammer Down Firearms Guns: $35 NICS: $10 Promise Land Sports Center Guns: $25 NICS: $10 Parker Arms and Gunsmithing, Ltd. Guns: $40 Kifaru Arms Guns: $20 Colorado Sporting Arms Long Gun: $25 Hand Gun: $20 NICS: $10 80034 80035 80036 80037 80038 80040 80041 80042 80044 80045 80046 Appellate Case: 14-1290 Document: 0101943774301019447390 Date Filed: 05/29/201506/19/2015 Page: 6

80047 80101 80102 Prairie Enterprises, Inc. ? 80103 Butterfield Firearms Guns: $30 Other: $20 Private Sales Transfer Middle J Ranch, LLC Other: $35 White Phoenix Firearms ? Bijou Creek Gunsmithing Other: $25 80104 Moreland Mercantile Guns: $35 NICS: $10 80105 80106 80107 80108 JTF Firearms Guns: $45 NICS: $10 ASPENOPS Guns: $30 TJ's Firearm Service Guns: $40 (includes CBI fee) Gun Monkey Firearms Guns: $20 NICS: $10 Soho Systems Guns: $25 plus $10 CBI fee 80109 DCF Guns Guns: $45 (FFL to FFL only) NICS: $10 Trigger Hound Firearms ? Top Gun Armory Guns: $25 80110 Revolution Weaponry Guns: $25 (handling and Instacheck) ABF, Inc. Guns: $20 NICS: $20 1st Stop Firearms, LLC Guns: $10 NICS: $10 80111 Damage Factory, LLC Guns: $25 NICS: $7 (CBI Instacheck fee for local buyers) Alexo Tactical Guns: $25 80112 Triple J Armory, Inc. Guns: $20 7421 E. Easter Way, Centennial Real store Tactical Supply Long Gun: $55 Hand Gun: $45 NICS: $10 Appellate Case: 14-1290 Document: 0101943774301019447390 Date Filed: 05/29/201506/19/2015 Page: 7

Casino Pawn Long Gun: 15 Hand Gun: 15 NICS: $10 W‐2 Enterprises Guns: $25 ($20 if paperwork completed prior to arrival) 80113 The Outdoorman's Attic Guns: $25 (handling and Instacheck) 80116 Franktown Firearms Guns: $25 Golden Bear Services, Inc. NICS: $35 80117 80118 80120 Shootin Shop South Other: $50 Rapid Fire Bunker, LLC Guns: $15 NICS: $10 80121 80122 Mile High Velocity Guns: $20 Other: $10 CBI Instacheck WEI Sportsman Supply Guns: $30 Blue Line Guns Guns: $20 NICS: $20 Other: $20 80123 Denver Guns and Ammo Guns: $25 NICS: $10 Timberline Firearms ? Joe King Guns: $25 NICS: $10 303 Armory Ltd. Guns: $20 (additional guns $10) NICS: $10 80124 Lone Tree Firearms and Ammo Guns: $25 (additional guns $5) NICS: $25 (additional guns $5) Cabela's Guns: $50 NICS: $10 80125 1st Defense Guns: $30 (additional guns $5) Nydan, LLC Other: $50 plus tax RockYourGlock.com, LLC Guns: $20 Alpine Armory Guns: $35 (NICS included) 80126 JayNorth.Net, LLC Guns: $30 (includes CBI check) Popoe's Arms Guns: $25 NICS: $10 (CBI / NICS background check) Appellate Case: 14-1290 Document: 0101943774301019447390 Date Filed: 05/29/201506/19/2015 Page: 8

BeckEnterprises, LLC Guns: $25 Other: $25 Straight Shootin Guns & Ammo NICS: $10 (CO State Fee for Background Checks) Other: $20 (additional guns $5) 80127 Donald Lee Jensen Guns: $25 NICS: only if there is a charge 80128 Alden Lewis Guns: $25 (additional guns $15) Dennis Anaya Guns: $20 NICS: $10 RLI Armory ? 80129 80130 Freedom Firearms Guns: $20 NICS: $10 Centroid Arms and Engineering Guns: $15 NICS: $10 80131 80132 Tri Lakes Gunsmith, LLC Guns: $30 (additional guns $5) NICS: $10 Iron's Gunworks Guns: $25 NICS: $25 War Room Products Guns: $35 NICS: $7 Crystal Creek Firearms Guns: $30 NICS: $30 Other: $30 80133 80134 Pony Express Firearms Guns: $30 (Additional guns $20) NICS: $10 Uncle Owen's Guns: $25 Trumbull Gunsmithing & Sales Guns: $25 Other: NFA Firearms $65 Duro Gunsmithing and Firearms, LLC Guns: $30 Other: $10 (cbi background check fee) R4 Supply, LLC ? Trinity Munitions, LLC Guns: $20 Parker, no address Online store Other: $10 for military and law enforcement Lee Firearms Guns: $25 NICS: $10 In Sight Arms, LLC Guns: $40 Appellate Case: 14-1290 Document: 0101943774301019447390 Date Filed: 05/29/201506/19/2015 Page: 9

South Metro Uniform and Supply Guns: $20 Wapiti Arms Guns: $35 Army's Arms Guns: $25 Other: $10 CBI Fee 80135 Rampart Firearms Guns: $20 (additional guns $10) 4064 Douglas Ave Ste A, Sedalia Retail store 80136 Der Scharfschutze Guns: $30 NICS: $25 80137 80138 The Armory Shooter Supply Guns: $25 Colorado Guns and Ammo Guns: $20 NICS: $10 CBI Fee Other: $20 Private Sales Transfer Breck's Armory Guns: $25 Other: $10 CBI US Vet Firearms Guns: $30 Other: $25 (police, active military, first responders) 80150 80151 80155 80160 80161 80162 80163 80165 80166 80201 80202 80203 80204 303 Arms, Inc. Guns: $20 NICS: $20 Colorado Gun Cleaners, LLC Guns: $25 80205 80206 80207 80208 80209 80210 Amaroq Armaments ? Midtown Sports Other: $25 Frontier Gallery, LLC Guns: $10 1452 S Broadway, Denver Retail store Appellate Case: 14-1290 Document: 0101943774301019447390 Date Filed: 05/29/201506/19/2015 Page: 10

NICS: $10 Other: $20 Equipment Storage 80211 White Lion Armory Guns: $30 (second transfer $20) Other: $10 CBI 80212 Silver Bullet Guns: $35 NICS: $10 Other: $25 Member Transfer Fee Inskeep Thomas D Guns: $20 5262 Osceola St, Denver Individual 80214 Pasternacks Pawn Shop All Transfers $25 80215 G&G Guns Guns: $35 Beaver Creek Firearms Guns: $30 MachineGunTours.com Guns: $50 NICS: $10 background check Other: $150 NFA Transfer 80216 Lock and Load Armory Guns: $45 plus CBI fee Other: $75 Class 3 Transfers + $10 CBI fee Mega Pawn Guns: $30 NICS: $10 Other: $10 CBI fee A.J. Sterle Gun Service Guns: $30 80217 80218 80219 80220 Scotties Guns and Militaria Guns: $35 80221 80222 Bighorn Firearms Guns: $40 80223 High Altitude Guns and Ammo Guns: $30 NICS: $10 KG Firearms, LLC Guns: $30 NICS: $10 80224 Greg McKindles Long Gun: $35 Hand Gun: $25 80225 80226 Gene's Shop Guns: $25 Appellate Case: 14-1290 Document: 0101943774301019447390 Date Filed: 05/29/201506/19/2015 Page: 11

NICS: $10 Other: $10 Tim's Guns and Sales ? Centerfire Guns Guns: $25 Colorado Black Gun, LLC Guns: $35 NICS: Included Other: $75 NFA Transfers DLM Sporting Goods Guns: $25 NICS: $7 80227 Ark Tactical Guns: $25 NICS: $10 Other: $10 Private Sales 80228 Bud's Guns: $20 NICS: $10 NoKaOi Solutions Guns: $35 NICS: $20 80229 C A Guns and Ammo, LLC Guns: $35 (tranfer paperwork only for each gun) Aaricles, Inc. ? The Blunderbuss Guns: $15 800 E. 73rd Ave, Unit 13, Denver (Website sStore, muzzle loading gun shop Shooter Ready, LLC ? Colorado Freedom Arms Guns: $25 NICS: $7 (Colorado background check fee) 80230 80231 FNS Solutions, LLC ? 80232 Falling Sky Firearms Guns: $35 NICS: $10 BluCore Shooting Center Guns: $30 NICS: $10 Kat's Pawn Shop ? 80233 Armed Americans Firearms, LLC Guns: $25 NICS: $10 Defcon One‐Arms Guns: $25 Other: $7 CBI 80234 10 Ring, LLC Other: $15 per gun which includes NICS plus applicable tWestminster, CO Individual, no additional details listed Triple 8 Tactical ? PMD Firearmsdealer Guns: $20 NICS: $10 Appellate Case: 14-1290 Document: 0101943774301019447390 Date Filed: 05/29/201506/19/2015 Page: 12

80235 Ponderosa Firearms ? 80236 80237 GX Tactical Systems ? 80238 80239 80241 5280 Protective Services Guns: $50 80243 80244 80246 80247 80248 80249 80250 80251 80252 80256 80257 80259 80260 80261 80262 80263 80264 80265 80266 80271 80273 80274 80279 80280 80281 80290 80291 80293 80294 80295 80299 80301 Gordonaire Arms, LLC Guns: $25 NICS: $10 Flatiron Firearms Guns: $35 Appellate Case: 14-1290 Document: 0101943774301019447390 Date Filed: 05/29/201506/19/2015 Page: 13

NICS: $35 80302 C&L Enterprises ? 80303 80304 80305 80306 80307 80308 80309 80310 80314 80321 80322 80323 80328 80329 80401 80402 80403 The Mountain Gunsmith, LLC Guns: $50 The Reloading Zone Guns: $25 80419 80420 80421 Colorado Gun Broker Guns: $25 NICS: $10 Western Consulting Guns: $25 Pop's Gun Shop Guns: $25 NICS: $10 ArmA Machine Worx Guns: $20 NICS: $7 80422 80423 80424 Breckenridge Western Collectables Guns: $35 NICS: $35 80425 80426 80427 Mac Rock Arms and Service Long Gun: $30 Hand Gun: $25 NICS: Included Other: Additional background fee of $10 Appellate Case: 14-1290 Document: 0101943774301019447390 Date Filed: 05/29/201506/19/2015 Page: 14

80428 80429 80430 80432 80433 True Grit Gunsmithing ? 80434 80435 Dillon Arms Guns: $40 NICS: $10 80436 Mountain Expeditionary Supply Guns: $25 ($15 for NRA members, law enforcement, military) NICS: Included with transfer Other: $100 NFA Weapons 80437 80438 80439 Live Free or Die Guns Other: $40 flat fee Forge Mark Arms Guns: $50 NICS: background check fees included in transfer fee FPF Sales & Storage Guns: $45 Evergreen Sporting Arms, Inc. Guns: $35 Other: $100 Class 3 Transfers Yankee Creek Munitions Guns: $25 NICS: $10 via CBI David Wayne Sitarski Guns: $35 80440 80442 80443 80444 80446 80447 80448 80449 Avalanche Defensive Tactics, LLC Guns: $30 NICS: $30 80451 80452 JDGunsmithing Other: $25 80453 80454 80455 80456 HR Firearms Long Gun: $35 for 1, $45 for 2‐3, $55 for 4‐6, more than 6 $55 + $5 each Appellate Case: 14-1290 Document: 0101943774301019447390 Date Filed: 05/29/201506/19/2015 Page: 15

Hand Gun: $35 for 1, $55 for 2‐3, $55 for 4‐6, more than 6 $55 + $5 each NICS: included in transfer fee Other: $10 CBI included in transfer fee 80457 Maddox's Enterprises Guns: $50 NICS: $10 80459 Fullhouse Pawn Guns: $30 NICS: $30 80461 Leadville Guns, LLC Guns: $35 80463 80465 Eagle Perk Enterprises Guns: $25 80466 Headmasters, LLC Guns: $25 plus background check NICS: $10 80467 80468 80469 80470 DJM Enterprises Guns: $35 Other: advise if Title 2 Transfer 80471 80473 80474 80475 80476 80477 Gundoctor Guns: $45 80478 80479 80480 80481 80482 80483 Montgomery's General Merchandise Guns: $20 NICS: $20 Other: $20 80487 Plan B Guns: $25 NICS: $10 Other: $10 Elk River Gunsmithing Guns: $50 Appellate Case: 14-1290 Document: 0101943774301019447390 Date Filed: 05/29/201506/19/2015 Page: 16

80488 80497 80498 Rocky Mountain Armament, LLC Guns: $40 Other: $40 MDL Consulting, Inc. Guns: $30 NICS: $10 80501 Grandpa's Pawn and Gun Guns: $30 Rocky Mountain Arms, Inc. Guns: $40 (includes background check) Other: $100 NFA Class 3 Transfers Bison Arms Guns: $25 NICS: $10 Other: $25 for transfer from individual 80502 80503 Air Qwest, Inc. Other: $25 (including background check) 80504 Trigger Time Gun Club Guns: $35 Paladin Lead Delivery Systems Guns: $20 NICS: $10 Top Shelf Firearms ? Phoenix Weaponry, LLC Guns: $30 (includes CBI check) NICS: $10 Liberty Armory ? W. Drain Locke ? Tri‐Town Trading & Consulting Co. Guns: $30 NICS: $10 Flatiron Firearms Guns: $35 Mountain Arms and Outdoor Gear Guns: $25 NICS: $10 80510 80511 80512 80513 First American Firearms Guns: $25 ($15 for additional gun) NICS: $10 (included in price above) SSC Guns: $20 1600 Rapid Ct, Berthoud Individual 80514 OKcowboy's Arms Guns: $30 80515 80516 Mile High Schooting Guns: $25 Other: $10 Appellate Case: 14-1290 Document: 0101943774301019447390 Date Filed: 05/29/201506/19/2015 Page: 17

Eagle Crest Arms, LLC Guns: $25 NICS: $7 Family First Firearms Guns: $30 Tactical Acoustics, LLC ? 80517 80520 80521 80523 80524 Front Range Tactical ? Frederick P. Gresky Guns: $35 Rocky Mountain Shooters Supply Guns: $40 Other: $10 Colorado fee Reaper Innovative Precision, LLC Guns: $30 NICS: $10 Fort Collins Gun Room Other: $40 private transfer Other: Transfer from distributor or manufacturer is 10% The Bargain Hunter Guns: $20 2317 E Mulberry, Fort Collins liquidation and consignment retail store American Legacy Firearms, Inc. Guns: $60 NICS: $10 Eagle Point Tactical Guns: $20 (includes background fee) 312 S. CR 5, Fort Collins Individual Other: $50 NFA Transfers 80525 LAGUMO, LLC Guns: $50 NICS: $7 Other: $75 NFA Class 3 Transfer Indie Arms Guns: $25 Other: $10 background check Rocky Hard Arms Guns: $20 NICS: $20 80526 Chris Tedford Gun: $30 80527 80528 80530 Mike Menchaca Guns: $20 NICS: $20 80532 80533 80534 C&S Tactical Supply, LLC Guns: $10 3258 Silverbell Dr, Johnstown Individual NICS: $7 Kinetic Cooper, LTD. Guns: $15 (includes $7 background check) 5049 Silverwood Dr, Johnstown seems like a few individuals, good website, no exact address on it Beach Enterprises, LLC Guns: $25 Appellate Case: 14-1290 Document: 0101943774301019447390 Date Filed: 05/29/201506/19/2015 Page: 18

NICS: $20 80535 80536 80537 2nd Amendment Gunsmith and Shooter Supply Guns: $35 Foundation Pawn Guns: $20 plus $7 CBI fee Other: $7 CBI background fee per firearm transfer Veteran Arms Guns $20 NICS: $20 Schuetzen Gun Company Guns: $25 NICS: $10 80538 James Patrick Mason ? Tall Guns, LLC Guns: $25 NICS: $15 electronic submittal Other: $7.50 finger print cards Black Timber Guns Guns: $30 Patriot Firearms Sales and Service Guns: $20 5542 Janna Dr. Loveland Individual Paul Chase Guns: $20 6650 N Harrison Ave, Loveland Individual Lone Wolf Arms Other: $20 7227 Co. Rd. 24 "I am a gunsmithing business" seems like just him 80539 80540 80541 80542 Rocky Mountain Tactical Supply Guns: $20 226 Mulligan Lake Dr, Mead individual firearms dealer ARG Firearms Guns: $20 13652 Wrangler Way, Mead home business 80543 80544 80545 80546 80547 80549 Route 1 Firearms ? North Star Armament ? Blue Norther Gunsmith, LLC Guns: $20 80550 Windsor Firearm Restoration Guns: $25 NICS: $10 Bear Arms Colorado Guns: $25 Steve's Gun Shop Guns: $25 NICS: $10 Other: $10 Larson Arms Guns: $30 NICS: $30 80551 Appellate Case: 14-1290 Document: 0101943774301019447390 Date Filed: 05/29/201506/19/2015 Page: 19

80552 80601 Friday's Firearms Guns: $40 NICS: $10 Kopp's Tactical & Shooting Supplies Guns: $25 NICS: $7 Targets & Tuners, LLC Guns: $30 Other: $50 NFA Items 80602 Strunk Tactical Arms, LLC Guns: $40 Becker Tactical Other: $20 transfer fee Alexander Gunsmithing Guns: $30 Other: $25 shipping charges on outgoing firearms Tactical Armament of the Rockies Guns: $25 NICS: $10 Other: $25 outgoing shipments + actual shipping cost To Bear Arms, LLC Guns: $25 NICS: $10 Other: $50 NFA Transfers Deer Creek Firearms Guns: $40 NICS: $35 Other: $35 80603 Red Hawk Firearms, LLC Guns: $20 25900 E 160th Ave, Brighton seems like an individual Hole in the Wall Guns: $25 ($20 for NRA members) JW Armory, LLC Guns: $35 Prestige Firearms Guns: $30 Justice Firearms Guns: $30 80610 Bullseye Firearms Training & Supply Guns: $30 NICS: $30 80611 Pawnee Sportsmens Center, LLC ? 80612 80614 80615 Broken Box R, LLC Guns: $25 NICS: $10 80620 80621 CSS Outfitters Guns: $25 Other: $60 NFA weapons 80622 80623 Appellate Case: 14-1290 Document: 0101943774301019447390 Date Filed: 05/29/201506/19/2015 Page: 20

Gilcrest Farm Supply Guns: $15 NICS: $10 80624 80631 Tacticool Arms, LLC Guns: $25 NICS: No CBI Fee "$25 FFL and private party transfers" Ocean Lending, LLC DBA Mister Money No price listed but it says "No transfers" Colorado Shooting Sports, LLC ? 80632 80633 80634 James Ott Guns: $20 (NRA members $15) Greeley, CO individual gunsmith Mike Ellis ? Brick House Guns Guns: $10 (transfer plus background check fee) NICS: $20 CBI background check 80638 80639 80640 80642 Redneck Tractor Truck and Firearm Guns: $20 365 Cedar St, Hudson seems like a home tractor business Other: $20 "Colorado in state privite to privite gun sell back ground check" 80643 Global Security Resources, Ltd. Guns: $25 80644 80645 80646 80648 Pawnee Arms Guns: $20 nunn listed, Nunn Co individual dealer Colorado Discount Firearms Guns: $20 PO Box 206, Nunn Co family owned business 80649 80650 80651 80652 80653 80654 80701 Central Auto Parts Other: $20 1001 W. Platte Ave, Fort Morgan NAPA Auto Parts with guns too The HideBeater Other: $20 plus CBI background check Ft. Morgan one owner gun shop, no web site Jon Becker ? 80705 80720 Marston Gunsmithing, LLC Guns: $10 244 Fir Ave, Akron individual dealer and retail Other: $7 CBI fee Appellate Case: 14-1290 Document: 0101943774301019447390 Date Filed: 05/29/201506/19/2015 Page: 21

Tony McCaffrey Guns: $20 NICS: $10 R A D S ? 80721 80722 80723 80726 80727 80728 80729 80731 High Plains Firearms Guns: $20 NICS: $15 Other: $10 Colorado SB13‐197 Storage Cravens Trading Post NICS: $15 247 1/2 East Raymond St, Haxtun small store, seems like a home 80732 80733 80734 Deaver Hardware $40 transfer fee plus any shipping cost 80735 80736 80737 80740 80741 80742 80743 80744 80745 80746 80747 80749 80750 80751 Boondock's Army Supplies Guns: $25 Other: $25 repair and inspection fee BAR 1 Gunsmithing Guns: $10 109 N 5th Ave, Sterling seems like an individual, not much info NICS: $10 Other Fee: Local Private Transfer Sterling Arms Company Guns: $25 NICS: $10 Ultimate Gun Sales Guns: $20 16760 CR 25, Sterling seems like an individial, not much info 80754 80755 80757 Appellate Case: 14-1290 Document: 0101943774301019447390 Date Filed: 05/29/201506/19/2015 Page: 22

80758 NorthCore Security and Logistics, LL Guns: $20 309 W 2nd St, Wray no resale inventory, private military company Carry On, LLC Guns: $30 J.R.'s Guns, LLC ? Shootacan Ranch Guns: $25 NICS: $25 80759 Gene Wagner ? SUGA Guns: $25 NICS: $25 Other: $25 80801 80802 80804 80805 80807 CBR Guns and Ammo Guns: $25 80808 Diversified Technology Guns: $20 23025 Fix Run Pt, Calhan individual NICS: CBI check includes NICS JPN Sales Guns: $30 80809 80810 Petersen Smith Hardware, Inc. ? 80812 80813 Arms of America Guns: $50 80814 Wild Horse America Guns: $25 NICS: $10 80815 80816 80817 PFM Custom Gun, LLC Guns: $20 NICS: $10 Great American Pawn Guns: $30 Cimino Gun Sales Guns: $20 NICS: $10 High Altitude Firearms Guns: $20 Fountain seems like an individual R. E. ST.Louis Firearm Sal Guns: $30 NICS: $10 80818 80819 80820 Appellate Case: 14-1290 Document: 0101943774301019447390 Date Filed: 05/29/201506/19/2015 Page: 23

80821 Big Sandy Outdoors Guns: $20 NICS: $10 Hugo Lumber & Hardware Guns: $20 NICS: $10 80822 80823 80824 80825 80826 80827 M Lazy C Ranch Guns: $20 NICS: $20 80828 Layton Arms Guns: $30 NICS: $10 (included in transfer fee) Pronghorn Country Guns: $25 (transfer plus background check) 80829 80830 80831 LiveFire Armory Guns: $20 (multiple guns $30) Silent Precision, LLC Guns: $20 plus $10 CBI fee Other: "$75.00 NFA + $10 CBI Fee if Transfer is other than Individual" BAT Firearms Guns: $15 Shooting Sports Outlet, Inc. Guns: $25 NICS: $25 Wildfire Mercantile Guns: $20 ($10 for each additional firearm) NICS: "$10.00 Add $10.00 for Colorado State Fee" Other: $100 Class 3 NFA Weapons 80832 80833 80834 Freedom Firearms ? 80835 80836 Richards Arms Guns: $25 80840 80841 80860 GoldCamp Munitions Guns: $25 to receive your firearm NICS: $20 for background check Other: $5 per day storage 80861 80862 Appellate Case: 14-1290 Document: 0101943774301019447390 Date Filed: 05/29/201506/19/2015 Page: 24

80863 New England Services Guns: $30 Other: $30 Right to Bear Arms ‐ Colorado Guns: $25 NICS: $10 Blue Dawg Firearms Guns: $25 NICS: $25 Alpine Firearms, LLC Guns: $30 80864 80866 80901 80903 Resilience USA Guns: $30 80904 Leasures Treasures, LLC Guns: $30 NICS: $10 80905 80906 Colorado Springs Army Surplus Guns: $35 Tactical Sports Guns: $35 NICS: $35 Karl Lippard Designs ? Tactical Treasures Guns: $25 Other: $10 CBI 80907 Front Range Gunsmithing, LLC Guns: $25 Richard Stone, Custom Guns ? Colorado Tactical Outlet, LLC Guns: $25 NICS: $25 Colorado Arms Repair Guns: $20 + tax 80908 Cornerstone Arms Guns: $30 CAC Supplies Other: $25 Bullshooters, Ltd. Guns: $20 7790 Ponca Rd, CO Springs Individual home business Black Forest Arms Guns: $30 NICS: $30 Other: $30 Lockburner Firearms Other: $30; Class III ‐ $100 Roy E. Rutz Guns: $30 20252 Thunder Rd. W individual with home shop NICS: $20 Private party background check ($10 is state fee) Other: $20 Other background check ($10 is state fee) 80909 The Gun Shop, LLC Guns: $20 NICS: $10 Appellate Case: 14-1290 Document: 0101943774301019447390 Date Filed: 05/29/201506/19/2015 Page: 25

ACME Pawn ? GUNZ Guns: $25 NICS: $10 GUNiN' Guns: $40 NICS: $10 Family Firearms Sales Guns: $40 3866 Maizeland Rd, CO Springs local family business, real store Other: $20 Private Party Transfer Fee ‐ includes CBI fee Hickman Rifles, LLC Guns: $30 Other: $10 Colorado Fee Deep Discount Gun Broker Guns: $35 Kash's Gems Pawn, Inc. No Transfer Fees ‐ shipping and price of item only 80910 Edward Wedgle Guns: $25 NICS: $7 80911 Pro‐2A Sports, LLC Guns: $23 NICS: $7 80912 80913 80914 80915 Z & S Industries Guns: $25 NICS: $25 Other: $10 CBI Instacheck (added to all background checks) Whistling Pines Gun Club Guns: $30 Pawn Spot Guns: $25 NICS: $10 80916 Wilson Firearms Guns: $20 NICS: $10 80917 SG Tactical, LLC Guns: $20 (additional guns $10) NICS: $10 Stop Drop & Shop Guns: $10 3920 N. Academy Blvd, CO Springs Actual retail store, also pawn shop NICS: $10 Other: $10 FFL Transfer Fee Defensive Logic, LLC Guns: $15 Other: $10 Required Colorado fee for background checks 80918 Patriot Gunsmithing, LLC Guns: $30 Altitude Pawn, Inc. Long Gun: $20 Hand Gun: $10 NICS: $10 GunStar Arms Guns: $25 Appellate Case: 14-1290 Document: 0101943774301019447390 Date Filed: 05/29/201506/19/2015 Page: 26

NICS: $10 Other: $75 most NFA items 80919 Michael J. Wempe Guns: $30 NICS: $10 80920 AAA Savings Guns, LLC Guns: $15 (active law enforcement or enlisted military $5) NICS: $10 Red Bear Gun Brokers Guns: $20 NICS: $7 Other: $70 NFA Item Transfer Fee 80921 80922 CAM Transfers Guns: $20 ($10 plus instacheck fee of $10) 1629 Jetwing Dr, CO Springs seems like an individual T&S Firearms Guns: $20 ($10 per gun after first, up to 5) Other: $10 state tax on all background checks 80923 Peak Shooting Academy, LLC Guns: $20 plus CBI fee US Gun Source, LLC No longer doing transfers at this location Shooting Pointe Guns: $30 (military and public safety discounts available) H&H Firearms, LLC Guns: $20 NICS: $10 JEMCO Sales ? 80924 80925 80926 80927 80928 80929 80930 80931 80932 80933 80934 80935 80936 80937 80938 80939 80940 80941 80942 80943 80944 Appellate Case: 14-1290 Document: 0101943774301019447390 Date Filed: 05/29/201506/19/2015 Page: 27

80945 80946 80947 80949 80950 80951 80960 80962 80970 80977 80995 80997 81001 81002 81003 Arctic Shooting Supply NCIS: $10 Other: $20 81004 M2TSG, LLC Guns: $30 Pueblo Traders ? 81005 American Jewelry & Pawn ? 81006 Curran Firearms Guns: $20 NICS: $20 Potter Gun Works Long Gun: $30 Hand Gun: $40 NICS: $20 Vickey's Guns Guns: $30 NICS: $10 81007 Warrior Kit, Inc. Guns: $10 368 S McCulloch Blvd, Pueblo Real store NICS: $10 Phil's Firearms Guns: $25 plus sales tax Dave Johnson Guns: $10 530 W Bogey Dr, Pueblo West individual NICS: $10 Steel City Firearms & Archery Guns: $10 (up to two firearms on same 4473, $5 per item683 E Paradise Dr, pueblo West individual NICS: $10 Bertram Lloyd Edmonstron IV Long Gun: $25 Hand Gun: $45 NICS: $45 TBF Arms Guns: $25 NICS: $10 81008 Appellate Case: 14-1290 Document: 0101943774301019447390 Date Filed: 05/29/201506/19/2015 Page: 28

81009 81010 81011 81012 81019 81020 81021 81022 81023 Beulah Metal Recovery Guns: $30 NICS: $10 81024 81025 81027 81029 81030 81033 81034 81036 Eagle Eye Gunsmithing Guns: $25 NICS: $10 81038 81039 81040 81041 81043 81044 81045 81046 81047 81049 81050 81052 Precision Pawn Other: $20 (this includes the $10 Colorado background fee) Main Street Sports Guns: $30 NICS: $10 P.T.'s Guns Sport & Pawn Other: $25 81054 81055 81057 81058 81059 Trappers Guns Guns: $11 39500 Bear Springs Trail, Model Individual home business and trapper resources 81062 Appellate Case: 14-1290 Document: 0101943774301019447390 Date Filed: 05/29/201506/19/2015 Page: 29

81063 81064 81067 Homeland Gunsmithing Guns: $20 NICS: $10 81069 Tactical Small Arms, LLC Guns: $35 NICS: $10 Abomination Arms Guns: $45 NICS: "may change if the law changes" 81071 81073 Gray Ghost Sports Guns: $20 NICS: $25 81076 81077 81081 81082 Hofmeister Custom Shop Guns: $35 Alpha Pawn & Antiques Guns: $20 120 W Main St, Trinidad pawn shop C and S Outdoors Guns: $20 Other: $10 universal background check fee JSA Firearms Guns: $20 NICS: $20 81084 81087 81089 Hollowpoint Gun Shop ? 81090 81091 81092 81101 Lead N Feather Club Other: $40 per transfer 81102 81120 81121 81122 Timberdale Firearms Company, LLC Guns: $25 NICS: $12.50 "Transfers, including background check via CBI/NICS is $12.50." Panelec Other: $15‐25 Shane French ? Capitalist Arms Guns: $20 Hwy 160, Bayfield individual Other: $100 NFA Items Appellate Case: 14-1290 Document: 0101943774301019447390 Date Filed: 05/29/201506/19/2015 Page: 30

Pine River Arms Merchant Guns: $20 NICS: $20 Other: $20 "Lowers, Misc." Pine River Trading Company Guns: $40 81123 81124 81125 81126 81127 81128 81129 81130 81131 81132 One Shot Gunworks, LLC Guns: $20 5543 W CR 8 North Individuals 81133 81134 81135 81136 81137 SD Shooters Supply, LLC Guns: $20 NICS: $10 81138 81140 La Jara Trading Post ? 81141 81143 81144 Frank A. Clark & CO ? 81146 81147 Liberty Tree Firearms Guns: $35 Diamond Dave's Guns and Ammo Other: $20 327 Apple St, Pagosa Springs individual San Juan Trading Post Guns: $25 "incoming only" NICS: $10 The Gun Doctor Guns: $35 NICS: $10 81148 81149 81151 81152 81153 81154 81155 Appellate Case: 14-1290 Document: 0101943774301019447390 Date Filed: 05/29/201506/19/2015 Page: 31

81157 81201 Mountain Pawn & Gun Guns: $25 + $10 state BGC TDTactical, LLC Guns: $25 American Hunting & Fishing "We are temporarily not able to do Transfers" Other: $30 for first gun. $10 each additional gun. American Hunting & Firearms Service Guns: $25 NICS: $10 Bighorn Canyon Trading Post Guns: $30 NICS: $10 81210 81211 Mountain Tactical ? Alpine Armory & Supply, Inc. Guns: $35 Pawn All Guns: $25 "Transfer and Paperwork Fee" NICS: $10 81212 John G. Hudson Guns: $25 NICS: $10 Canon City Sports Outlet Guns: $25 Camo Hut at Marketplace Guns: $25 NICS: $10 American Pawn & Jewelry Guns: $15 "Transfer Fee" NICS: $10 Victory Defense Consulting Guns: $25 "Transfer Fee" NICS: $10 Other: $50 Class 3 Transfers 81215 81220 81221 81222 81223 J.R.'s Repair Guns: $25 Ragged Hole Firearms, LLC Guns: $10 59 Mineshaft Pl, Cotopaxi individual NICS: $7 81224 81225 81226 F.A.C.T. Guns: $25 NICS: $10 Double Tap, LLC Guns: $30 NICS: "We do not provide private sale background checks" Other: $100 NFA Transfers Advanced Weapons Guns: $30 Appellate Case: 14-1290 Document: 0101943774301019447390 Date Filed: 05/29/201506/19/2015 Page: 32

NICS: $30 Pawn Dough Other: $25 any firearm Karl's Kustom Guns ? 81227 81228 81230 The Turquoise Junction Guns: $20 125 N. Main, Gunnison small gun shop, real store Other: $10 additional fee for more than 1 hand gun Last Line Defense Guns: $35 NICS: $10 Other: $85 NFA Transfers Gunnison Sport Outlet, LLC ? Gunnison Mountain Pawn Guns: $25 NICS: $10 Thornhill Armory Guns: $25 NICS: $10 81231 81232 81233 GunBobs Shooting Academy Long Gun: $25 Hand Gun: $30 81236 81237 81239 81240 Martin Weapon Systems Guns: $25 NICS: $10 81241 81242 Arkansas River Guns Guns: $25 plus a $10 fee for State of Colorado background check 81243 81244 81247 81248 81251 81252 Loan A Ranger, LLC Guns: $20 "Including state fee. Any fee higher is against206 Main St, Westcliffe real retail store "We gladly transfer your firearms." On Mark Arms, LLC Guns: $20 plus a $10 straight transfer fee NICS: $20 if you are a previous customer Other: $10.95 if the firearm is purchased through them Chris Ueberroth ? 81253 81290 Appellate Case: 14-1290 Document: 0101943774301019447390 Date Filed: 05/29/201506/19/2015 Page: 33

81301 Richard W. Brown Guns: $20 NICS: $20 Colorado Trading Company Guns: $30 NICS: $10 Other: $10 each additional firearm per transfer 81302 81303 Goods for the Woods Guns: $25 NICS: $10 L.E. Guns Guns: $25 NICS: $10 81320 81321 McElmo Gun Works Long Gun: $35 Hand Gun: $40 Barking Spider, LLC Guns: $20 720 E Main St, Ste B, Cortez Camo dipping business store, also gun transfers 81323 James Burress Guns: $35 81324 DK Ag & Auto Guns: $35 81325 81326 JTC Western Engraving Guns: $20 Other: "$20.00 tranfers, discounts for repeat customers" "We provide transfer services to Southwestern Colorado. Free transfers for Active Military and LEO." 81327 81328 Summit Shooting Center ? 81329 81330 81331 Shane Ranch Guns: $20 NICS: $10 81332 81334 81335 81401 Area Best Pawn and Loan, LLC Guns: $20 2014 S Townsend, Montrose Real shop Fisher Firearms and Repair Services "No longer available for this service" KC Sports Guns: $20 NICS: $10 Colo West Tool, Sport, and Pawn Guns: $20 (additional guns $10) NICS: $10 Appellate Case: 14-1290 Document: 0101943774301019447390 Date Filed: 05/29/201506/19/2015 Page: 34

MC5 Gunworks ? 81402 81410 81411 81413 Leisure Time Sports Other: $15 plus 6.4% sales tax. 110 SE Frontier Ave #D individual 81414 81415 Desparado, Inc. ? George's Sporting Goods Guns: $25 NICS: $10 81416 Delta County Armory Other: "20.00 CBI background check and handling for Co1761 G Road, Delta individual 81418 81419 ETSS Other: $30 Backcountry Goods Trading Guns: $20 NICS: $20 81420 81422 CHP ESQ Gunsmith, LLC Long Gun: $30 Hand Gun: $35 NICS: $10 81423 Greager Enterprises Guns: $20 NICS: $10 81424 81425 81426 81427 81428 Dale's Bullshootin Shop Guns: $25 NICS: $25 Ragged Mountain Guns Guns: $10 81429 81430 81431 Leroycrow Sporting Arms ? 81432 Stephen Furstenfeld Guns: $35 NICS: $35 Other: $35 81433 81434 Appellate Case: 14-1290 Document: 0101943774301019447390 Date Filed: 05/29/201506/19/2015 Page: 35

81435 81501 The Republic Range Guns: $20 NICS: $10 Performance Center Other: $10 plus 7.65% sales tax 616 N First St, Grand Junction real store Wilcox Auto ? Mesa Pawn and Loan Guns: $20 NICS: $10 AAA Auto & Pawn, Inc. Guns: $20 NICS: $15 81502 81503 America's Firearm Network Guns: Free 2692 Hwy 50, Ste I, Grand Junction Seems like a real store NICS: Free Center Shot, LLC ? Aardvark Armory Guns: $15 NICS: $10 81504 Rocky Mountain Gun Club Guns: $20 NICS: $10 Other: $10 CBI (Colorado residents only) Cash Company Guns: $20 NICS: $20 81505 Red Hawk Rifles, LLC Long Gun: $50 81506 Shotguns, Ltd. ? Viking Armament, Inc. Guns: $10 2800 Printers Way, Grand Junction real shop 81520 81521 Old West Bullet Moulds Other: $20 for all guns plus 4.9% sales tax 1175 17 1/4 Rd, Fruita home business 81522 81523 El Engraving Guns: $10 5910 Elk Ranch Rd, Glade Park individual "$15.00 for tranfers from another dealer." "Background check additional $10.00 as required by Colorado law for firearms purchased though El Engravings." 81524 Tactical Nature Firearms, LLC Other: $25 "specializing in custom order firearms for law enforcement, hunting, and recreational purposes as well as private party transfers." 81525 GEA, Inc. Guns: $25 Other: $100 DF3 Transfers 81526 Dennis Gillian Hunt, LLC Guns: $30 Appellate Case: 14-1290 Document: 0101943774301019447390 Date Filed: 05/29/201506/19/2015 Page: 36

81527 81601 81602 81610 81611 CNF Tactical, LLC ? 81612 81615 81620 81621 Aspen Gun Club, LLC Guns: $50 Basalt Firearms, LLC Guns: $25 NICS: $50 81623 81624 81625 Wilderness Gun Repair Guns: $20 NICS: $7 Outlaws Dalton Guns & Tactical Accessories Guns: $30 High Caliber Gunsmithing Guns: $30 Black Mountain Gold Firearms Guns: $30 NICS: $10 81626 81630 Charles Chaffin NICS: $20 1570 45 1/2 Rd, De Beque online dealer 81631 The Nearly Everything Store Guns: $25 Get Cocked Gun Repair Guns: $25 NICS: $10 Trips Gun Supply Guns: $25 Transfer Fee NICS: $7 Alpine Arms Guns: $50 Other: $10.50 State Mandated CBI Background Check Fee Lock & Load, LLC Guns: $50 81632 81633 81635 Me 2 Firearms Guns: $20 Battlement Arms Guns: $30 NICS: $25 81636 81637 Gary Fagan Gunsmithing Guns: $35 NICS: $10 Appellate Case: 14-1290 Document: 0101943774301019447390 Date Filed: 05/29/201506/19/2015 Page: 37

Centerfire Solutions, LLC Guns: $25 NICS: $10 81638 81639 81640 81641 S.Al's Shooting Supplies Guns: $20 NICS: $20 81642 81643 81645 81646 81647 81648 Moose Head Guns & Accessories Guns: $20 NICS: $10 81649 81650 The Tradesmen Other: $20 for the first, $10 for each added item to the s128 E 3rd St, Rifle real store *The Tradesmen are listed twice on the site 81652 Gold Ring Pawn Other: $35 Transfer Fee 81653 81654 81655 81656 81657 81658 Appellate Case: 14-1290 Document: 0101943774301019447390 Date Filed: 05/29/201506/19/2015 Page: 38

STORE NAME Physical Address Retail store? Individuals/no store front Stan's Automotive 1950 W South Boulder Rd, Lafayette FFL & retail firearms sales added to existing automotive business Triple J Armory, Inc. 7421 E. Easter Way, Centennial Real store Rampart Firearms 4064 Douglas Ave Ste A, Sedalia Retail store Frontier Gallery, LLC 1452 S Broadway, Denver Retail store The Blunderbuss 800 E. 73rd Ave, Unit 13, Denver (Website says 7316 Washing muzzle loading gun shop The Bargain Hunter 2317 E Mulberry, Fort Collins liquidation and consignment retail store Central Auto Parts 1001 W. Platte Ave, Fort Morgan NAPA Auto Parts with guns too Family Firearms Sales 3866 Maizeland Rd, CO Springs local family business, real store Stop Drop & Shop 3920 N. Academy Blvd, CO Springs Actual retail store, also pawn shop Warrior Kit, Inc. 368 S McCulloch Blvd, Pueblo Real store Alpha Pawn & Antiques 120 W Main St, Trinidad pawn shop The Turquoise Junction 125 N. Main, Gunnison small gun shop, real store Loan A Ranger, LLC 206 Main St, Westcliffe real retail store Barking Spider, LLC 720 E Main St, Ste B, Cortez Camo dipping business store, also gun transfers Area Best Pawn and Loan, LLC 2014 S Townsend, Montrose Real shop Performance Center 616 N First St, Grand Junction real store America's Firearm Network 2692 Hwy 50, Ste I, Grand Junction Seems like a real store Viking Armament, Inc. 2800 Printers Way, Grand Junction real shop The Tradesmen 128 E 3rd St, Rifle real store Peterson Firearms 9600 W 77th Pl, Arvada Associated with a new public shooting range in the Denver area, home business Trinity Munitions, LLC 6633 Fonder Dr, Parker Online store from home Kinetic Cooper, LTD. 5049 Silverwood Dr, Johnstown seems like a few individuals , home business ARG Firearms 13652 Wrangler Way, Mead home business Red Hawk Firearms, LLC 25900 E 160th Ave, Brighton seems like an individual Redneck Tractor Truck and Firearm 365 Cedar St, Hudson home tractor business Cravens Trading Post 247 1/2 East Raymond St, Haxtun small store, from home NorthCore Security and Logistics, LL 309 W 2nd St, Wray private military company, neighborhood looks residential and commercial, seems like home business CAM Transfers 1629 Jetwing Dr, CO Springs seems like an individual because website,but neighborhood looks residential and commercial Steel City Firearms & Archery 683 E Paradise Dr, pueblo West individual Trappers Guns 39500 Bear Springs Trail, Model Individual home business and trapper resources Leisure Time Sports Cedaredge, CO 81413 individual Delta County Armory 1761 G Road, Delta individual Charles Chaffin 1570 45 1/2 Rd, De Beque online dealer Old West Bullet Moulds 1175 17 1/4 Rd, Fruita home business El Engraving 5910 Elk Ranch Rd, Glade Park individual J Brandt Tactical Arms, Inc. No address listed, Aurora Seems like an individual, hours by appt, only, email address listed Sigmund Williams 1603 Cottonwood Dr, Louisville individual Inskeep Thomas D 5262 Osceola St, Denver Individual 10 Ring, LLC Westminster, CO Individual, no additional details listed SSC 1600 Rapid Ct, Berthoud Individual Eagle Point Tactical 312 S. CR 5, Fort Collins Individual C&S Tactical Supply, LLC 3258 Silverbell Dr, Johnstown Individual Patriot Firearms Sales and Service 5542 Janna Dr. Loveland Individual Paul Chase 6650 N Harrison Ave, Loveland Individual Lone Wolf Arms 7227 Co. Rd. 24, Loveland "I am a gunsmithing business" seems like just him Rocky Mountain Tactical Supply 226 Mulligan Lake Dr, Mead individual firearms dealer James Ott Greeley, CO individual gunsmith Pawnee Arms nunn listed, Nunn Co individual dealer Colorado Discount Firearms PO Box 206, Nunn Co family owned business The HideBeater Ft. Morgan one owner gun shop, no web site Marston Gunsmithing, LLC 244 Fir Ave, Akron individual dealer and retail BAR 1 Gunsmithing 109 N 5th Ave, Sterling seems like an individual, not much info Ultimate Gun Sales 16760 CR 25, Sterling seems like an individial, not much info Diversified Technology 23025 Fix Run Pt, Calhan individual Appellate Case: 14-1290 Document: 0101943774301019447390 Date Filed: 05/29/201506/19/2015 Page: 39

High Altitude Firearms Fountain seems like an individual Bullshooters, Ltd. 7790 Ponca Rd, CO Springs Individual home business Roy E. Rutz 20252 Thunder Rd. W individual with home shop Dave Johnson 530 W Bogey Dr, Pueblo West individual Capitalist Arms Hwy 160, Bayfield individual One Shot Gunworks, LLC 5543 W CR 8 North, Del Norte Individuals Diamond Dave's Guns and Ammo 327 Apple St, Pagosa Springs individual Ragged Hole Firearms, LLC 59 Mineshaft Pl, Cotopaxi individual JTC Western Engraving 595 Sand Ridge Court one man engraving website with FFL liscense AppellateAppellate Case: Case: 14-1292 14-1290 Document: Document: 01019437890 01019447391 Date Date Filed: Filed: 05/29/2015 06/19/2015 Page: Page: 56 1

APPENDIX

Data examined

Mass shooting incidents from 1984-2013 are compiled from Professor Gary Kleck’s

expert report covering 1994-2013 and from his cross-examination, which introduced

reports of additional incidents. JA.25:5325-53; 26:5408-57. This supplemented Professor

Kleck’s previous data collection on such crimes for 1984-1993. JA.12:2473-74, 23:5096.1

Results

When magazines with a capacity of 15 or fewer rounds were used, the mean

(average) number of fatalities was 6.781. When magazines with a capacity greater than 15

rounds were used, the mean number of fatalities were 7.176. The “P value” was 0.778.

The “P value” is an expression of the statistical strength of a relationship. The P

value can be between 0 and 1. If the P value is less than 0.05, then the relationship is said

to be statistically significant: There is less than a 5% chance that the association between

the two variables is due to random variation.

The P value of 0.778 is far from 0.05. This indicates that it is overwhelmingly

unlikely that the use of magazines with a capacity greater than 15 rounds affects the number

of fatalities in mass shootings.

1 The previous data collection was published in GARY KLECK, TARGETING GUNS 144, tbl. 4.2 (1997). A-1

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Data Table

Below are the data used. The selection criteria are shootings in which more than six

people were wounded or killed.

Location Date Killed Guns Used Mag. over 15? Santa Monica, 6/7/2013 5 AR-15 style rifle, Remington Y CA revolver, other handgun(s) Newtown, CT 12/14/2013 26 Bushmaster semi-automatic rifle, Y 10mm Glock semi-automatic handgun, Sig Sauer 9mm handgun. 30 round mags. Brookfield, WI 10/21/2012 3 Unknown ? Minneapolis, 9/27/2012 6 Glock 9mm semi-automatic pistol ? MN Sikh Temple, 8/5/2012 6 Springfield Armory XD 9mm. Y WI 3x19 round mags. Lauderdale 3/30/2012 2 Unknown ? Lakes, FL Miami, FL 3/30/2012 2 Unknown ? Jacksonville, 8/29/2011 1 fetus Unknown ? FL Copley, OH 8/7/2011 7 Unknown ? Grand Prairie, 7/23/2011 5 Handgun ? TX Aurora, CO 7/20/2012 12 Remington tactical shotgun, Smith Mix and Wesson M&P semi-automatic rifle, Glock .40 caliber semi- automatic handgun. 100 round drum on the rifle. Tuscaloosa, AL 7/17/2012 0 “assault rifle” Y Oakland, CA 4/2/2012 7 .45 caliber handgun, 8 round mags. N Jackson, TN 2/2012 1 Unknown ? Englewood, IL 12/30/2011 2 Unknown ? Seal Beach, CA 10/14/2011 8 Springfield 9mm semi-automatic ? handgun, Heckler and Koch .45 caliber handgun, Smith and Wesson .44 Magnum Dallas, TX 10/9/2011 0 One handgun, other gun unknown ?

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Cupertino, CA 10/5/2011 3 Unknown. ?

Miami, FL 9/18/2011 1 Unknown ? Palmetto, FL 9/10/2011 2 Unknown ? Carson City, 9/6/2011 4 Norinco MAK 90, illegally Y NV modified to full automatic. 30 rounds mags. Grand Rapids, 7/7/2011 7 Glock 9mm w/ 12 round mag. N MI Tucson, AZ 1/8/2011 6 Glock 19 9mm semi-automatic Y handgun w/ 2x15, 2x33 round mags. Buffalo, NY 8/14/2010 4 Unknown ? Manchester, CT 8/3/2010 8 2 Ruger 9mm semi-automatic Y handguns w/ 17 round mags. Hialeah, FL 6/6/2010 4 .45 caliber semi-automatic N handgun Tuscaloosa, AL 5/19/2010 1 9mm handgun ? Washington, 3/30/2010 4 AK-47, 9mm semi-automatic Y D.C. pistol, .45 semi-automatic pistol. Appomattox, 1/19/2010 8 "High-powered rifle" ? VA St. Louis, MO 1/8/2010 3 "one assault rifle, one shotgun and Y two handguns" Ft. Hood, TX 11/5/2009 13 FN Herstal 5.7 tactical pistol. 15 Y magazines of 20 to 30 rounds Reading, PA 11/2009 1 Unknown ? Collier, PA 8/4/2009 3 Unknown ? Overtown, FL 7/6/2009 2 Unknown ? Philadelphia, 6/21/2009 1 Unknown ? PA Jacksonville, 4/27/2009 1 Unknown ? FL Binghamton, 4/3/2009 13 Beretta .45 caliber semi-automatic Y NY pistol, Beretta 9mm semi- automatic pistol w/ 2 30 round mags. Santa Clara, CA 3/29/2009 5 .45 caliber semi-automatic pistols N Carthage, NC 3/29/2009 8 Shotgun, at least one other gun ?

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Samson, AL 3/11/2009 10 Bushmaster AR-15, SKS rifle, Y shotgun, and .38 caliber pistol Largo, MD 3/1/2009 1 Unknown ? Portland, OR 1/27/2009 2 9mm handgun ? Seattle, WA 9/2/2008 6 Rifle, handgun N Knoxville, TN 7/2008 2 Sawed-off double-barreled shotgun N DeKalb, IL 2/14/2008 5 Sig Sauer P232 9mm semi- Y automatic pistol, HiPoint CF380 .380 caliber semi-automatic pistol, Glock 19 9mm pistol, Remington Sportsman 48 12 gauge shotgun. Shooter had 2x15, and 2x33 magazines for the Glock. He may have used only the shotgun and the Glock. Kirkwood, CA 2/7/2008 6 .44 caliber revolver, Smith and N Wesson .40 caliber semi-automatic pistol Denver, Colo. 12/9/2007 4 Bushmaster XM15 rifle, Y Springs, CO Springfield Armory 9mm semi- automatic handgun. (Unused: AK- 47 style rifle, Beretta .40 caliber semi-automatic handgun.) Omaha, NE 12/5/2007 8 AK-47 style semi-automatic rifle. Y 30 round mags. LoDo, Denver, 11/2007 1 Unknown ? CO Crandon, WI 10/7/2007 6 Automatic rifle, 30 rounds fired Y Virginia Tech, 4/16/2007 32 Glock 19 9mm semi-automatic N VA pistol, Walther P22 .22 caliber Pistol (10 and 15 round mags) Salt Lake City, 2/12/2007 5 Maverick Arms Model 88 12 N UT gauge shotgun, Smith and Wesson .38 caliber pistol Lancaster, PA 10/2/2006 5 Springfield 9mm semi-automatic ? pistol, capacity of magazines unknown; 12 gauge shotgun; Ruger bolt-action rifle Indianapolis, IN 6/3/2006 7 Unknown ? Seattle, WA 3/25/2006 7 Winchester Defender pump-action N 12 gauge shotgun, Ruger P-94 .40

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caliber handgun. (Unused AR-15 in car).

Red Lake, WI 3/12/2005 7 Ruger .22 caliber semi-automatic ? handgun, Glock .40 caliber semi- automatic handgun, Remington 12 gauge shotgun. Magazine capacity unknown. Birchwood, WI 11/21/2004 5 SKS 7.62mm, 10 round mag. N (reloaded at least twice). Meridian, MS 7/8/2003 6 Winchester 12 gauge pump-action N shotgun. (Other unfired guns in car.) Goshen, IN 12/6/2001 1 12 gauge shotgun N Elgin, IL 4/14/2001 2 Shotgun, silver handgun, speed- ? loading device, several magazines Santee, CA 3/5/2001 2 .22 caliber revolver (reloaded three N times) Chicago, IL 2/5/2001 4 SKS semi-automatic rifle, Y Remington shotgun, .30 caliber hunting rifle, .38 caliber revolver Wakefield, MA 12/26/2000 7 AK-47 style rifle (60 round mag.), Y Winchester 12 gauge pump-action shotgun, .32 caliber semi- automatic pistol Roanoke, VA 9/22/2000 1 9mm Ruger handgun. Mag ? capacity unknown, but more than 9 Queens, NY 5/24/2000 5 Bryco-Jennings .380 caliber semi- N automatic pistol Washington DC 4/24/2000 0 9mm shells found. Gun never ? recovered. Florida 12/30/1999 5 9mm semi-automatic handgun, .38 ? caliber handgun Honolulu, HI 11/2/1999 7 9mm Glock pistol. 10 rounds fired. ? Ft. Worth, TX 9/15/1999 7 9mm semi-automatic handgun ? (Ruger) and a .380 caliber handgun Atlanta, GA 7/30/1999 9 Glock 9mm handgun, Colt .45 ? handgun, H&R .22 caliber revolver, Raven .24 caliber pistol. Capacity of magazines unknown

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Conyers, GA 5/20/1999 0 .22 caliber rifle, .357 magnum N handgun Littleton, CO 4/20/1999 13 Intratec TEC-DC-9 9mm semi- Mix automatic handgun, Hi-Point 995 9mm carbine rifle, Savage- Springfield 67H 12 gauge pump action shotgun, Stevens 311D double barreled shotgun. Salt Lake City, 4/15/1999 2 .22 caliber semi-automatic N UT handgun Springfield, OR 5/21/1998 4 “.22 caliber semi-automatic Ruger Y rifle, his father’s 9mm Glock pistol and a .22 caliber Ruger semi- automatic pistol.” 50 round magazine Jonesboro, AR 3/24/1998 5 At least four guns used. Including Y 30 round magazine. Orange, CA 12/18/1997 4 AK-47, shotgun, handgun Y Paducah, KY 12/1/1997 3 .22 caliber handgun (shooter also N had two rifles and two shotguns) Pearl, MS 10/1/1997 2 Rifle ? Aiken, GA 9/15/1997 4 semi-automatic pistol (8 round N mags.) North 2/28/1997 0 Fully automatic AIM AK-47, Y Hollywood, CA Norinco Type 56 S-1, semi- automatic HK-91, and a Bushmaster XM15 E2S NYC, NY 2/23/1997 1 .380 caliber Beretta handgun N Washington DC 12/31/1994 2 .22 caliber rifle, handgun ? Spokane, WA 6/20/1994 4 AK style rifle. 70 round mag. Y “unspecified ‘single shot’ weapon” (unused) Washington, 3/31/1994 1 Tec-9 semi-automatic (found but Y DC not confirmed as used in the shooting) Long Island 12/7/1993 5 Ruger P-85 9mm semi-automatic N R.R., NY pistol San Francisco, 7/1/1993 8 Two Intratec DC9 9mm semi- Y CA automatic pistols; 1 Colt .45 caliber semi-automatic pistol Killeen, TX 10/16/1991 22 Two Glock 17 9mm semi- Y automatic pistols

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Phoenix, AZ 8/10/1991 9 .22-caliber rifle; 20-gauge shotgun N Chimayo, NM 2/26/1991 7 7mm rifle, .38 cal. revolver, .357 N magnum revolver Jacksonville, 6/18/1989 8 .30-caliber semi-automatic carbine; N FL also armed with .38 caliber revolver Louisville, KY 9/14/1989 7 AK-47 semi-automatic rifle; 2 Y MAC-11 semi-automatic pistols; Sig-Sauer 9mm semi-automatic pistol; Smith and Wesson .38 caliber handgun Stockton, CA 1/17/1989 5 Model 56S (copy of AKM-47); Y also armed with 9mm pistol Sunnyvale, CA 2/17/1988 7 12-gauge shotgun used in all N killings; also armed with .30-06 rifle, 9mm Browning semi- automatic pistol; .380 caliber semi- automatic pistol Russellville, 12/18/1987 16 Two .22-caliber pistols N AK Eckland, MO 9/25/1987 7 .22-caliber revolver N Palm Bay, FL 4/23/1987 6 .223 caliber rifle; revolver Y Edmond, OK 8/19/1986 14 Two .45 caliber semi-automatic N pistols, borrowed from Oklahoma National Guard; personally owned .22 caliber handgun San Ysidro, CA 7/18/1984 21 12-gauge pump shotgun; 9mm Uzi Mix semi-automatic carbine Brooklyn, NY 4/15/1984 10 “Two different guns” [.22 pistol N and .38 revolver]

How magazine size was determined

If magazine size was not specified, the following assumptions were made: When

the term “assault rifle” was listed in the information, or when the weapon type listed was a

rifle whose standard magazine capacity is greater than 15 rounds, the magazine size was

presumed to exceed 15, despite the availability of smaller magazines for such rifles. (See

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Def.br.61.) We assumed that handguns in .40 or .45 caliber did not have a magazine with

a capacity over 15, because almost all of them come standard with a smaller magazine.

(Id.) Because 9mm handguns come in many sizes, (JA6:1504), we left as “unknown”

incidents which specified only that a 9mm handgun was used. When a model name was

provided for any firearm, we assumed that the gun had the largest standard magazine for

that model. For example, the Glock 17 has a standard 17 round magazine, and the Glock

19 has a standard 15 round magazine. We assumed that revolvers and .22 caliber handguns

had an ammunition capacity of 15 rounds or fewer, and also rifles in calibers for which

standard magazines of more than 15 rounds are not typical. Likewise, shotguns almost

always have integral tubular magazines whose capacity is well under 15 rounds. Or they

have no magazine, as in a double-barreled shotgun.

In several crimes, the criminal(s) used magazine(s) of both sizes (16 or more; 15 or

less). These were classified as follows: At San Ysidro, California, “at least half” of the 21

fatalities were inflicted with the shotgun. Christopher S. Koper & Jeffrey Roth, The Impact

of the 1994 Assault Weapons Ban on Gun Violence Outcomes, 17 J. QUANTITATIVE

CRIMINOL. 33, 42 (2001), discussed in JA.23:5096; cited in BradyBr.25 n.25. In this case,

11 deaths were attributed to the shotgun, and 10 to the carbine (which had a magazine over

15 rounds).

At the Aurora Theater, there were 3 fatalities from the shotgun, and 9 from the rifle

with its 100-round drum.2

2 Order Re: Preliminary/Proof Evident Hearing, People v. Holmes, no. 12CR1522, at 15, (D. Arapahoe, Colo. Jan. 10, 2013), A-8

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At Columbine, both murderers carried sawed-off shotguns. One killer carried a rifle

with a magazine under 15 rounds; the other killer carried a handgun with a magazine over

15. There were 5 fatalities from shotgun wounds. For the other 8, we presumed that half

were from the rifle, and half from the handgun.3

The following additional cases appear to be mixed, but we classified them as if all

the fatalities were from magazines over 15 rounds: St. Louis, MO, 1/8/2010; DeKalb, IL,

2/14/2008; Red Lake, WI, 3/12/2005; Wakefield, MA, 12/16/2000; Jonesboro, AR,

3/24/1998.

In mixed incidents (both sizes of magazine used), the fatalities are separately

analyzed. For example San Ysidro (21 total fatalities) is calculated as one incident for the

shotgun (11 fatalities) and a separate incident for the carbine (10 fatalities; magazine

capacity over 15).

The various studies cited by Defendant and amici do not account for mixed cases.

In situations where the criminal killed family members before traveling somewhere else to

initiate a mass attack, we did not count the family fatalities, because they are not relevant

to the question of magazine type in mass attacks. Nor did we count the death of the

perpetrator himself. The consultant study based on Mother Jones (Part III.A) did include

these fatalities.

https://www.courts.state.co.us/userfiles/file/Court_Probation/18th_Judicial_District/18th_ Courts/12CR1522/001/1102013%20Order%20C19.pdf. One fatality was listed as arising from both. Id. at 19. 3 Columbine High Shooting Victims Official Autopsy Reports, http://www.acolumbinesite.com/autopsies.html. A-9

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For the oldest case (Brooklyn, N.Y., 1984), the table in Kleck’s book reported “two

handguns.” These were a .38 caliber revolver, and a .22 caliber pistol.4

Statistical tests

At the end of this Appendix is a Glossary which explains some of the statistical

terms used in the analysis.

The data was subjected to multiple statistical analyses, outlined below. None of the

tests showed a statistically significant difference between the number of people killed

during mass shootings, based on whether a magazine was over 15 rounds. Statistical

significance is defined with the standard metric of a P value of <0.05. In none of the tests

did a P value approach this standard of statistical significance. The analyses were carried

out using SigmaPlot 13 analytic software from SysStat Software Inc. and Stata Version 12.

Descriptive Statistics:

In those cases where the shooter used magazines with a capacity of 15 rounds or

less, the average number of people killed in each incident is 6.78. In those cases where the

shooter used large capacity magazines (>15), the average number of people killed is 7.18.

Variable | Obs Mean Std. Dev. Min Max ------+------killed | 32 6.78125 5.835013 0 32 killed | 34 7.176471 5.507409 0 26

4 See John M. Doyle, Man Convicted of Manslaughter In Slayings of 10 Women and Children, AP Online, July 19, 1985. A-10

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The difference between the two means is only .395. Nevertheless, because it is

conceivable that such a small difference could be statistically significant, we performed a

standard t-test, the usual method of testing whether or not the manipulation of an

independent variable (in this case, magazine size) leads to a different outcome (in this case,

the number of persons killed). The results, presented below, showed no statistically

significant relationship between the groups. The P value of 0.778 was far from the usual

significance level of P < 0.05. A lower value indicates a higher degree of certainty that the

two variables are related.

Two-sample t test with equal variances ------Group | Obs Mean Std. Err. Std. Dev. [95% Conf. Interval] ------+------0 | 32 6.78125 1.031494 5.835013 4.677503 8.884997 1 | 34 7.176471 .9445128 5.507409 5.254845 9.098096 ------+------combined | 66 6.984848 .6927841 5.628205 5.601263 8.368434 ------+------diff | -.3952206 1.396119 -3.184289 2.393847 ------diff = mean(0) - mean(1) t = -0.2831 Ho: diff = 0 degrees of freedom = 64

Ha: diff < 0 Ha: diff != 0 Ha: diff > 0 Pr(T < t) = 0.3890 Pr(|T| > |t|) = 0.7780 Pr(T > t) = 0.6110

The standard t-test has two weaknesses. The first is that it assumes that the variances

of the two groups are equal. However, there is a modified version of the test that does not

assume equal variances. The result of that test, presented below, was virtually identical to

that of the first.

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Two-sample t test with unequal variances ------Group | Obs Mean Std. Err. Std. Dev. [95% Conf. Interval] ------+------0 | 32 6.78125 1.031494 5.835013 4.677503 8.884997 1 | 34 7.176471 .9445128 5.507409 5.254845 9.098096 ------+------combined | 66 6.984848 .6927841 5.628205 5.601263 8.368434 ------+------diff | -.3952206 1.398601 -3.190012 2.399571 ------diff = mean(0) - mean(1) t = -0.2826 Ho: diff = 0 Satterthwaite's degrees of freedom = 63.1037

Ha: diff < 0 Ha: diff != 0 Ha: diff > 0 Pr(T < t) = 0.3892 Pr(|T| > |t|) = 0.7784 Pr(T > t) = 0.6108

The results are the same even under the assumption of unequal variances (P = 0.7784).

For completeness we report the standard test for the equality of two variances.

Analysis of Variance Source SS df MS F Prob > F ------Between groups 2.57492201 1 2.57492201 0.08 0.7780 Within groups 2056.40993 64 32.1314051 ------Total 2058.98485 65 31.67669

Bartlett's test for equal variances: chi2(1) = 0.1052 Prob>chi2 = 0.746

We cannot reject the null hypothesis of equal variances (P = 0.746).

Another potential weakness of the standard t-test is that it assumes that the data are

distributed normally. This is clearly not true of these data since the distribution is skewed

toward small numbers as the following diagram shows.

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An alternative approach to the standard t-test is to use a regression model with a

dummy (binary) variable. The dummy variable (called “lcm16” below) indicates whether

the shooter used magazines capable of holding more than 15 rounds. The dummy is equal

to 1 if the shooter used magazines capable of holding more than 15 rounds, zero if he used

smaller magazines.

Source | SS df MS Number of obs = 66 ------+------F(1, 64) = 0.08 Model | 2.57492201 1 2.57492201 Prob > F = 0.7780 R-esidual | 2056.40993 64 32.1314051 R-squared = 0.0013 ------+------Adj R-squared = -0.0144 Total | 2058.98485 65 31.67669 Root MSE = 5.6685

------killed | Coef. Std. Err. t P>|t| [95% Conf. Interval] ------+------lcm16 |.3952206 1.396119 0.28 0.778 -2.393847 3.184289 _cons | 6.78125 1.002051 6.77 0.000 4.779423 8.783077 ------

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The coefficient on the dummy variable is identical to the difference between the two means

(0.3952206) and the P value is also identical (0.778).

To test the sensitivity of the analysis to the assumption of normality the same test is

done assuming a Poisson distribution, which was developed to describe just such data as

those described in the figure above.

Poisson regression Number of obs = 66 LR chi2(1) = 0.37 Prob > chi2 = 0.5436 Log likelihood = -239.22669 Pseudo R2 = 0.0008

------killed | Coef. Std. Err. z P>|z| [95% Conf. Interval] ------+------lcm16 |.0566462 .0933095 0.61 0.544 -.1262369 .2395294 _cons |1.914161 .0678844 28.20 0.000 1.78111 2.047212------

The results are the same. There is no significant difference between the two means. The P

value corresponding to the null hypothesis that the means are the same is 0.544. We cannot

reject the null hypothesis that the means are the same.

Finally, a widely used alternative to the Poisson is the so-called negative binomial

model which makes somewhat less restrictive assumptions than the Poisson.

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Negative binomial regression Number of obs = 66 LR chi2(1) = 0.10 Dispersion = mean Prob > chi2 = 0.7524 Log likelihood = -190.82731 Pseudo R2 = 0.0003

------killed | Coef. Std. Err. z P>|z| [95% Conf. Interval] ------+------lcm16 |.0566462 .179486 0.32 0.752 -.2951398 .4084323 _cons |1.914161 .1293011 14.80 0.000 1.660736 2.167587 ------+------/lnalpha |-.9479487 .2416106 -1.421497 -.4744006 ------+------alpha | .3875352 .0936326 .2413525 .6222579 ------Likelihood-ratio test of alpha=0: chibar2(01) =96.80 Prob>=chibar2 = 0.000

The results are again unchanged. The null hypothesis of no difference between the means

cannot be rejected at any reasonable level of significance (P = 0.752). The results are the

same when we drop the assumption that the data are distributed normally. Therefore the

results do not depend on the normality assumption.

As a result of these tests, we can conclude with considerable confidence that the use

of magazines capable of holding more than 15 rounds in multiple-victim shootings has no

relationship to the number of people killed in such events.

Glossary

Alternative hypothesis (Ha). The statement accepted as true if the null hypothesis is

rejected (P<.05). For example if the null hypothesis is that two means are equal, the

alternative hypothesis is that the two means are not equal.

Bartlett’s Test for Equal Variances. The standard test for the equality of the variances of

two groups.

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Coefficient (Coef.) Number associated with a variable in a regression. For example, the

coefficient on the dummy variable gives the change in the mean number of people

killed if the dummy goes from zero (small magazine) to one (large magazine). If

this coefficient is not significantly different from zero (P<.05) then the size of the

magazine makes no difference in the mean number of people killed.

Confidence Interval. A numerical expression of the degree of uncertainty associated with

a sample statistic such as a mean or coefficient.

F Value. The F-test is the standard small sample test for the equality of two variances.

Hypothesis. A statement that can be subjected to statistical analysis.

Mean. Mathematical term for average. Obtained by adding up all values and dividing by

the number of values.

Negative Binomial. Statistical distribution for count data, such as the number of people

killed. It is a more flexible version of the Poisson distribution.

Null Hypothesis (H0). The statement being tested. For example that the number of people

killed with large capacity magazines is the same as the number killed with smaller

capacity magazines. If the null hypothesis is rejected (P value less than .05), the

alternative hypothesis is accepted as true.

Obs. Observations. The number of incidents in the data set.

P value. A statistic used for testing statistical hypotheses. For every test a significance level

is chosen, traditionally 5%. The null hypothesis in this case is that the mean number

of people killed with magazines of capacity greater than 15 is equal to the mean

number of people killed with smaller capacity magazines. If the P value is equal to A-16

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or smaller than the significance level, it suggests that the observed data are

inconsistent with the null hypothesis (the observed difference between the two

means is too large to be explained by chance alone). Therefore the null hypothesis

must be rejected. If the P value is greater than the significance level the null

hypothesis cannot be rejected (the observed difference is so small that it could be

explained by chance alone).

Poisson Distribution. Statistical distribution derived to model the occurrence of relatively

rare events, which are not modeled accurately by the normal distribution.

Regression. A statistical method of determining the relationship between two variables.

Skewness. The degree of asymmetry present in a data set.

Standard Deviation. A representation of the amount of variation or dispersion associated

with a data set, equal to the square root of the average squared difference between

each observation in set and the set’s mean.

Standard Error. Same definition as standard deviation, applied to estimates such as mean

or coefficients.

Sum of Squares. The sum of the squares of each value in a data set.

T-value and Degrees of Freedom. The t-value is the result of the t-test being applied to a

set of data, with the degrees of freedom being a function of the sample size. The t-

value is distributed according to the t-distribution, a modification of the normal

distribution.

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Variance. A measure of the dispersion of a set of data or a statistical distribution. The

sample variance is the sum of the squares of the differences between each

observation and the sample mean, divided by the degrees of freedom.

Z Statistic. Alternative to the t-statistic, appropriate for the Poisson and negative binomial

distributions.

The above statistical analysis was performed by (1) Noah Rauscher, candidate to

receive a degree of Bachelor of Science in Psychology at the University of Colorado at

Denver in August 2015, and a Research Associate at the Independence Institute, and (2)

Carlisle Moody, Professor of Economics at the College of William and Mary,

Williamsburg, Virginia. Professor Moody’s research was cited by the Supreme Court’s

opinion in McDonald v. Chicago. JA.17:1818.

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