View Full Version : Boulder assault weapon ban update?.
The NRA just posted on their facebook NRA/ILA page that a judge in Colorado just struck down a ban on assault weapons and magazines over 10 rounds. This has to be the Boulder lawsuit however I can?t find a single news article on this.. I thought this suit had been shelved. Anyone have more info on this?
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bellavite1
03-14-2021, 08:46
Colorado preemption law.
They are there to prevent this bullshit:
Colorado Revised Statutes section 29-11.7-103 provides:
“A local government may not enact an ordinance, regulation, or other 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. Any such ordinance, regulation, or other law enacted by a local government prior to March 18, 2003, is void and unenforceable.”
Yeah, it would be based on the preemption law but has anyone actually seen or heard this verdict or that this actually happened? The internet is crickets on it, I would think it would be a big story if true.
eddiememphis
03-15-2021, 13:27
https://pagetwo.completecolorado.com/2021/03/15/boulders-gun-ban-ordinance-struck-down/
“The Court has determined that only Colorado state (or federal) law can prohibit the possession, sale, and transfer of assault weapons and large capacity magazines,” says Hartman. “…the State of Colorado has passed laws that are effectively a scheme preempting local governments from enacting municipal firearms and magazine possession ordinances.”
Hartman held that the plaintiffs had standing to sue the city because “Plaintiffs are presently being injured by sale and transfer ban.”
Hartman dismissed the claim that as a home rule city, Boulder could regulate firearms more strictly than the state does because such weapons “pose a special danger to a demographically unique Boulder.”
Hartman ruled that because the state comprehensively regulates firearms, including by enacting the preemption statute, the matter is one of mixed state and local concern, therefore the state preemption law prevails.
So...some good and some bad in that.
The state mag restrictions are still in place.
Boulder cannot restrict assault rifles.
The home rule stuff cannot be used to over rule state restrictions...so your area cannot say the state mag restrictions do not apply in their area.
I would expect to see increased pressure on a state level for more restrictions.
FromMyColdDeadHand
03-15-2021, 18:49
Hopefully this will keep Denver from going any further. I assume that this would be reversed at CO Supreme Court, and then reversed at SCOTUS, if they take it. My guess is that Boulder will let it lie, to protect all the other home rule gun laws.
Hopefully this will keep Denver from going any further. I assume that this would be reversed at CO Supreme Court, and then reversed at SCOTUS, if they take it. My guess is that Boulder will let it lie, to protect all the other home rule gun laws.
I'm thinking they let it go.. the primary proponent that started this whole thing left Boulder and the City Council to take a job with Joe Neguse in DC as well as Shannon Watts of Moms Demand Action no longer lives in Boulder either. At the time a couple members publically stated that they didn't think it would stand with the preemption law but chose to vote for it anyway.
FromMyColdDeadHand
03-15-2021, 21:39
What kind of precedent does this set for someone wanting to challenge the Denver gun laws?
What kind of precedent does this set for someone wanting to challenge the Denver gun laws?
None. A Denver judge ruled long ago Denver was “geographically unique” and could keep their existing bans.
That is why Boulder tried to say they were “geographically unique”.
Martinjmpr
03-16-2021, 07:02
What kind of precedent does this set for someone wanting to challenge the Denver gun laws?
My guess is that if anyone tried, the next step would be for the democrats who completely control state government to push for a statewide ban.
The only thing that could stop them is the fear that it might cost them control of one of the chambers.
So...some good and some bad in that.
The state mag restrictions are still in place.
Boulder cannot restrict assault rifles.
The home rule stuff cannot be used to over rule state restrictions...so your area cannot say the state mag restrictions do not apply in their area.
I would expect to see increased pressure on a state level for more restrictions.
Well, an area can effectively can say “magazine bans don’t apply here”. It is just like illegal immigration: simply don’t enforce the law.
If a county DA won’t pursue charges and the county jail won’t accept prisoners charged with magazine ban possession, there isn’t much left to enforce the law.
And let’s be honest. In BoCo there is a place openly selling magazines. The city police 100% know about it as they sell gear to the police.
And the police like it because they want standard magazines. Gun stores don’t stock magazines that they hope police come in and buy. It’s not worth it. They need the general public to make money off of sub $20 products. It is about volume.
Sure police can mail order, but is is a PITA because they need department letter. And then it is not for “personal use”
wctriumph
03-16-2021, 09:52
In the past 5 years I have not visited a firearms dealer that didn’t have standard capacity magazines in stock except for JAX.
.455_Hunter
03-16-2021, 09:57
In the past 5 years I have not visited a firearms dealer that didn?t have standard capacity magazines in stock except for JAX.
I don't think the big boys with corporate legal offices (Sportsmans, Cabelas, Bass Pro and Scheels) sell the > 15 round mags.
Most LGS do.
buffalobo
03-16-2021, 10:30
Murdochs has standard capacity AR mags. Somerimes decent prices on them too.
colorider
03-16-2021, 11:54
Murdochs has standard capacity AR mags. Somerimes decent prices on them too.
Better check the packaging really close on those. I had several in my hands and decided to read the back of the package while I waited to check out. They may look like standard capacity, yet they are NOT. 10 rounds for the ones I almost purchased.
newracer
03-16-2021, 13:42
There is a shop up here selling 100 round drums.
Great-Kazoo
03-16-2021, 14:47
There is a shop up here selling 100 round drums.
[panic] The mag ban in CO has been a joke since it going in to effect.
In the past 5 years I have not visited a firearms dealer that didn’t have standard capacity magazines in stock except for JAX.
Yeah, Jax went full anti black guns and mags before the state even did it.
Oh the gnashing of teeth and clutching of pearls is about to begin [ROFL1]
District Court Judge Andrew Hartman for the District Court, Boulder County, State of Colorado in case # 18CV30581 has ruled that the Boulder "Assault Weapon" and "Large Capacity Magazine" bans are invalid and enjoined their enforcement.
This means citizens of the City of Boulder may now purchase, possess and use commonly available firearms like AK-47's and AR15's without city restriction.
BladesNBarrels
03-17-2021, 15:41
The Court has determined that only Colorado state (or federal) law can prohibit the possession, sale,and transfer of assault weapons and large capacity magazines.
As detailed below, the State of Colorado has passed laws that are effectively a scheme preempting local governments from enacting municipal firearms and magazine possession ordinances.
Oh boy, Jon Caldera is probably smiling.
https://www.ar-15.co/threads/183061-Boulder-assault-weapon-ban-update
:)
Oops, missed that. For some reason this didn't make the Daily Comrade. Bison Tactical (one of the folks that sued the city) sent out an email that he is selling ARs again.
kidicarus13
12-13-2021, 08:01
Read more:?https://www.ammoland.com/2021/12/boulder-co-surrenders-appeal-of-assault-weapon-loss/#ixzz7Ew4bsHp2
Since March, the City of Boulder has been looking for ways to reverse its defeat in the NRA-ILA supported case challenging Boulder?s unlawful bans against commonly owned ?assault weapons? and magazines capable of accepting more than ten rounds.?This week, the City of Boulder finally abandoned its appeal of the lower court?decision?striking Boulder?s unlawful hardware prohibitions. Because Boulder?s appeal was dismissed with prejudice, Boulder cannot attempt to relitigate this case in the future.
Boulder?s retreat was anything but graceful: when Boulder first attempted to appeal the case directly to the Colorado Supreme Court, the Court denied Boulder?s request and transferred the case to the Colorado Court of Appeals. When Boulder squandered additional taxpayer resources asking the Court of Appeals to effectively start another round of litigation, Boulder?s request was denied as well. After all of these attempts failed, Boulder seems to have finally realized that it could not prevail.
This is a significant victory for NRA-ILA and self-defense among Boulder?s law-abiding gun owners. If Boulder stubbornly attempts to resurrect its unlawful prohibitions under a?new state law, Boulder faces an uphill battle; again, its case was not simply abandoned, it was dismissed with prejudice. Needless to say, NRA-ILA stands ready to challenge Boulder in both the state house and the court house if Boulder attempts to infringe on the Second Amendment rights of its residents again. But for today, Boulder?s gun owners can breathe a sigh of relief.
sbgixxer
12-13-2021, 09:52
Great news. Thanks for the update.
.455_Hunter
12-13-2021, 11:07
Um, OK...
The new triple-D special passed this past spring specifically gives municipalities the right to restrict firearms and carry beyond state law.
Why can't Boulder pass what it wants now?
bellavite1
12-13-2021, 11:17
Um, OK...
The new triple-D special passed this past spring specifically gives municipalities the right to restrict firearms and carry beyond state law.
Why can't Boulder pass what it wants now?
That would probably be why they are no longer appealing...[Roll1]
What it Boulder used the taxpayer's money responsibly, like shipping the homeless to Denver. I'm sure there is more of a problem with them than %99.99 of the gun owners in town.
<semi sarcastic>
Um, OK...
The new triple-D special passed this past spring specifically gives municipalities the right to restrict firearms and carry beyond state law.
Why can't Boulder pass what it wants now?
That would probably be why they are no longer appealing...[Roll1]
All true, but at some point in their blind assault against gun owners some thinking people will point out that although there was no concealed carrier present at the time to confront the terrorist at the Table Mesa King Soopers, any city or county actions to prohibit concealed carry will absolutely eliminate any possibility that a terrorist/active shooter can be stopped. If their goal is to make every Boulder citizen a willing victim, that's how they will do it.
FromMyColdDeadHand
12-13-2021, 19:09
Um, OK...
The new triple-D special passed this past spring specifically gives municipalities the right to restrict firearms and carry beyond state law.
Why can't Boulder pass what it wants now?
That’s what I was thinking too. That SCOTUS is going to rule on a lot of these issues, you might think that Boulder is holding off so as not to run into issues with new laws. If anything the lefties might try to get things in place now and make people sue to get rid of it.
All true, but at some point in their blind assault against gun owners some thinking people will point out that although there was no concealed carrier present at the time to confront the terrorist at the Table Mesa King Soopers, any city or county actions to prohibit concealed carry will absolutely eliminate any possibility that a terrorist/active shooter can be stopped. If their goal is to make every Boulder citizen a willing victim, that's how they will do it.
They made us targets and victims with the first law. Interesting that the shooter could have travelled anywhere in a 360 degree circle but chose to drive to Boulder where surprise surprise there was a ban on firearms.. yes, the ban had been overturned by the court the week before but that issue was not widely reported and the vast majority of people had no idea that it had happened. So once again Boulder will find a way to tell every nut job in the state that we are unarmed and afraid of guns and are easy unarmed targets.
.455_Hunter
12-13-2021, 23:38
They made us targets and victims with the first law. Interesting that the shooter could have travelled anywhere in a 360 degree circle but chose to drive to Boulder where surprise surprise there was a ban on firearms.. yes, the ban had been overturned by the court the week before but that issue was not widely reported and the vast majority of people had no idea that it had happened. So once again Boulder will find a way to tell every nut job in the state that we are unarmed and afraid of guns and are easy unarmed targets.
Not quite a ban on "firearms", but primarily the standard "assault weapon" fare and >10 rd mags. The law in question had no additional CCW restrictions (at the time).
I absolutely have no doubt that Boulder's extreme political rhetoric environment made it a target for the terrorist. Everything that happens in Boulder gets outsized coverage.
FromMyColdDeadHand
12-14-2021, 07:44
Useful firearms for self defense. If 10rounds was enough to defend yourself, the laws would apply to cops too.
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