The sale of guns like these remains illegal in Colorado because their magazines hold more than 15 rounds.

(AP Photo/Ed Andrieski)

The 10th Circuit Court of Appeals on Tuesday threw out a 2014 federal court ruling that upheld new Colorado gun laws.

Tuesday's ruling means sheriffs who oppose the ban on high-capacity magazines and private sale background checks expect to be back in court soon. 

And they plan to take advantage of that second chance, according to one of their attorneys -- David Kopel with the Independence Institute.

"The constitution is the same today as the day we filed the case, and we intend to vindicate the constitution and remove these unconstitutional stains from on Colorado’s statute books," Kopel said.

In an odd twist, the appeals court threw out the decision that upheld the gun laws because the sheriffs and others lacked standing to bring the case. 

"The score has been reset," Kopel said. "We look forward to bringing the new case following the 10th Circuit’s rules on standing that it announced today." 

The plaintiffs could not prove that the new restrictions harmed them.