Pennsylvania Firearm Owners Association
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  1. #1
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    Default Boulder CO. Assault Weapons/Mag Ban Struck Down

    Some good news from the leftist city of Boulder CO. A district judge struck down itís assault weapon and magazine limitations . He also granted a permanent injunction blocking the city from any attempt to enforce the measure.

    Boulder Gun, Magazine Ban Struck Down By Colorado Court Boulder,

    Coloradoís ban on modern sporting rifles and magazines that can hold more than ten rounds is a violation of the stateís firearm preemption laws, according to a district judge in the city that declared the local law null and void on Friday. The gun and magazine ban was enacted by the Boulder City Council in the summer of 2018, and has been the subject of multiple lawsuits challenging its legality. This particular case was brought by two Boulder residents who challenged the authority of the city council to enact or enforce the gun ban, given the fact that the state legislature in Colorado has reserved the right to set the gun laws in the state.

    Specifically, the state preemptions statute bars localities from passing any law that ďprohibits the sale, purchase, or possession of a firearm that a person may lawfully sell, purchase, or possess under state or federal law.Ē In Boulderís case, the city tried to ban the possession of some of the most commonly owned arms in the country, and in his ruling Judge Andrew Hartman not only tossed out the law, but granted a permanent injunction blocking the city from any attempt to enforce the measure.

    As Complete Colorado notes, Boulder can appeal the judgeís decision to the Colorado State Supreme Court, and may very well do so given that they cite the 2006 case in which the stateís highest court upheld a ban on modern sporting rifles.
    This was not a pure Second Amendment challenge, and Judge Hartman didnít have to decide whether Boulderís ban violated the Second Amendment rights of residents. However, a separate federal lawsuit filed by the Independence Instituteís Jon Caldara, the Boulder Rifle Club, and several individual residents does allege that the cityís gun ban is an infringement on the Second Amendment (along with the Fourth, Fifth, and Fourteenth amendments as well).
    Complete Colorado says that the federal case has been ďon hold under federal rules of procedure until the state law issues over home rule versus state preemption were settled,Ē so its likely that it will remain on hold until the city of Boulder decides whether or not to appeal Hartmanís decision.
    The good news is that, for now, Boulderís gun and magazine ban has been put on ice. Coloradans should keep an eye out for what local legislators have to say about the case, however. While itís too late in this yearís session to file new legislation, donít be surprised if gun control activists and anti-gun politicians make an attack on the stateís firearm preemption laws their top priority in 2022. With Democrats in the state feeling increasingly emboldened to pass restrictions on the rights of gun owners, they may very well decide that they can afford to make the stateís firearm preemption law a campaign issue in next yearís elections by giving cities like Boulder the authority to implement local gun bans.

    In other words, while this lawsuit may be over (depending on whether or not Boulder appeals), this isnít the end of anti-gun attacks on the right to possess some of the most commonly-owned arms and accessories in the United States.
    https://bearingarms.com/camedwards/2...n-court-n42144

  2. #2
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    Default Re: Boulder CO. Assault Weapons/Mag Ban Struck Down

    It's pretty sad when we have to relish in a win on an issue that should be a given.
    If you're afraid of the people you represent, you might be doing something wrong

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    Default Re: Boulder CO. Assault Weapons/Mag Ban Struck Down

    Guns don't kill people. People kill people. Obviously, they need to get rid of the people. But they can't, so, that leaves getting rid of the guns, which they can. If there were no guns, people would not be able to kill people with a gun. This is just common sense.
    There are only two kinds of guns. Those I have and those I want.

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    Default Re: Boulder CO. Assault Weapons/Mag Ban Struck Down

    Boulder wants to be Berkeley and they are succeeding.

  5. #5
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    Default Re: Boulder CO. Assault Weapons/Mag Ban Struck Down

    Colorado is a perfect example of the state where creeping liberal infiltration since the 1970s has completely changed the character of the state. Just like Vermont.
    Strange women lying in ponds, distributing swords, is no basis for a system of government.

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    Default Re: Boulder CO. Assault Weapons/Mag Ban Struck Down

    Quote Originally Posted by EFK View Post
    Colorado is a perfect example of the state where creeping liberal infiltration since the 1970s has completely changed the character of the state. Just like Vermont.
    I lived outside of Denver for several years. Loved it. However, the Front Range has become a Progressive Cesspool. Get outside of the Front Range, and go to the Western Slope, etc and old Colorado still exists. Just like every other state, including whacky California Get out of the Metro areas far enough and you see the difference.

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    Default Re: Boulder CO. Assault Weapons/Mag Ban Struck Down

    Quote Originally Posted by EFK View Post
    Colorado is a perfect example of the state where creeping liberal infiltration since the 1970s has completely changed the character of the state. Just like Vermont.
    Initially it was the "People's Republic of Boulder" and all the crazies were confined to there in the 60s and 70s. Then the virus spread into Denver and now has consumed much of the state.

    Actually where I saw it tip into the trash can was the change in the pot laws. Every pothead welfare bum "hey mannnn, got some weeeedd mannnn" flooded into the state from all over the country and Colorado turned into the Titantic. I used to post frequently on a Colorado relocation forum and it was totally taken over by "hey mannn, where's the best weeeddd in Denver, mannnn" and "hey mannnn, how do you get on welfare mannnn". Colorado is now not too different from California in it's make up. I usually visit Colorado once a year but every year more and more I am like WTF is this place?

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    Default Re: Boulder CO. Assault Weapons/Mag Ban Struck Down

    Initially it was the "People's Republic of Boulder" and all the crazies were confined to there in the 60s and 70s. Then the virus spread into Denver and now has consumed much of the state.
    Left Colorado in May of 1959. Whew! That was close!
    There are only two kinds of guns. Those I have and those I want.

  9. #9
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    Default Re: Boulder CO. Assault Weapons/Mag Ban Struck Down

    Kudos to the NRA on this.
    Life has a melody. Don't wrestle with pigs, don't argue with idiots.

  10. #10
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    Default Re: Boulder CO. Assault Weapons/Mag Ban Struck Down

    Thatís ironic, given what went down this afternoon there...

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