Boulder CO. Assault Weapons/Mag Ban Struck Down

[eagleclaw]

Some good news from the leftist city of Boulder CO. A district judge struck down it’s 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,

Colorado’s ban on modern sporting rifles and magazines that can hold more than ten rounds is a violation of the state’s 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 “prohibits the sale, purchase, or possession of a firearm that a person may lawfully sell, purchase, or possess under state or federal law.” In Boulder’s 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 judge’s decision to the Colorado State Supreme Court, and may very well do so given that they cite the 2006 case in which the state’s highest court upheld a ban on modern sporting rifles.
This was not a pure Second Amendment challenge, and Judge Hartman didn’t have to decide whether Boulder’s ban violated the Second Amendment rights of residents. However, a separate federal lawsuit filed by the Independence Institute’s Jon Caldara, the Boulder Rifle Club, and several individual residents does allege that the city’s 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 “on hold under federal rules of procedure until the state law issues over home rule versus state preemption were settled,” so its likely that it will remain on hold until the city of Boulder decides whether or not to appeal Hartman’s decision.
The good news is that, for now, Boulder’s 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 it’s too late in this year’s session to file new legislation, don’t be surprised if gun control activists and anti-gun politicians make an attack on the state’s 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 state’s firearm preemption law a campaign issue in next year’s 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 isn’t 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

[Walleye Hunter]

It's pretty sad when we have to relish in a win on an issue that should be a given.

[Bang]

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.

[Pilot321]

Boulder wants to be Berkeley and they are succeeding.

[EFK]

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.

[Pilot321]

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.

[wanneroo]

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?

[Bang]

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!

[Justin///M]

Kudos to the NRA on this.

[Jabberwocky]

That’s ironic, given what went down this afternoon there...