Since state voters enacted Amendment 14 in 1996, use of some types of traps for predators and other animals has been illegal in Colorado. That could change due to a court case in Pitkin County.

Basalt Rancher John Jacob “Jack” Gredig was recently found not guilty of illegal trapping by a Pitkin County judge. The verdict was handed down on the grounds that Amendment 14 was unconstitutional. Since the case challenges the constitutionality of a state law, the ruling on the case will automatically be appealed to the Colorado Supreme Court.

The movement to overturn Amendment 14 has been coordinated and funded by the Wildlife Organizations Legal Fund. The group has been established under the Colorado Trappers Association to raise funds to pay for the legal fees and marketing effort to overturn the amendment. Amendment 14 was passed in the 1996 November general election by 2.4 percent of voters in the state. Moffat County voters voted against the amendment by 76.6 percent.

Gredig turned himself in after setting four snares on his sheep ranch in an attempt to trap predators. The use of snares was made illegal by Amendment 14.

Attorney Marcia Swain represented Gredig and argued that Amendment 14 “represents an improper control of administration of wildlife by citizens initiative” because it violates part of the state constitution. The constitution states that citizens’ initiatives, such as Amendment 14, cannot violate the administrative functions of the executive branch of state government.

Swain also represents a client in Moffat County who challenged Amendment 14, but his case was dismissed.

Al Deeds, a trapper from Moffat County, intentionally set traps on public land to help Wildlife Organizations Legal Fund challenge the amendment. He received a citation Sept. 1 from the Moffat County Sheriff’s Department for his actions and the case was dismissed by the 14th Judicial District Attorney.

According to Fae Davidson, communications director with Wildlife Organizations Legal Fund, the Moffat County case will not be pursued due to the ruling on the Pitkin County Case.

“It just seemed it wasn’t necessary now that we have the case in Pitkin County and the Moffat County DA (district attorney) didn’t want pursue it,” said Davidson.

The ruling on Gredig’s case doesn’t necessarily mean people may go out and start setting traps. Even though the law was ruled unconstitutional in the Gredig case, other trapping regulations will still be in effect, according to Paul McLimans, 14th Judicial District Attorney.

“The decisions made by trial level courts are not binding statewide,” said McLimans. “It does not change the law beyond the scope of the individual case until it is tried in the higher level courts.”

The Pitkin County case will be filed with the Colorado Supreme Court by Feb. 11, but, according to Davidson, it could take up to a year for the case to be heard by the court. Davidson believes Amendment 14 has a good chance of being overturned by the Colorado Supreme Court.

“We have a lot of support from many of the livestock and trapping associations,” said Davidson. “We feel pretty good right now that the ruling may go our way, especially since we got that decision in the Pitkin County case.”