February 22, 2018
City of Boulder
1777 Broadway St.
Boulder, CO 80302
COUNCIL MEMBERS
Aaron Brockett
Bob Yates
Cindy Carlisle
Jill Adler Grano
Lisa Morzel
Mary Young
Mirabai Kuk Nagle
Sam Weaver
Suzanne Jones
An open letter to the Boulder City Council:
I am the staff attorney for Rocky Mountain Gun Owners. RMGO is a non-profit organization devoted to defense of the right to keep and bear arms for all law-abiding residents of the State of Colorado.
I am writing concerning news reports that you are considering enacting a gun control bill that would include a ban on firearms, firearm magazines and firearm accessories. News reports suggest this bill would be along the lines of ordinances enacted in Denver.
RMGO opposes such bills in their entirety as a gross infringement on the right to keep and bear arms as outlined in the U.S. and Colorado Constitutions. Additionally the Colorado legislature has preempted and occupied this field, as outlined in C.R.S. § 29-11.7-103. RMGO is quite familiar with this statute, since we helped shepherd it through the Colorado legislature.
We are aware that a trial court decided, using criteria very specific to Denver, that some of the gun control ordinances then in effect in Denver were not pre-empted under this law. This decision was not overturned by the Colorado Supreme Court, due to an even split among the justices at the time. RMGO is very confident this decision would have no application to Boulder. None of the unique circumstances about crime and crime control the court pointed to in sustaining some of the Denver ordinances apply to Boulder, which is an extremely crime free city.
Accordingly RMGO would request that the council abandon this effort. Should the council elect not to, RMGO does anticipate litigation against the city to strike an ordinance down as both unconstitutional and pre-empted by the State legislature.
You should also be aware that certain current ordinances of the City of Boulder are, in my opinion, also pre-empted. The legality of those ordinances would be litigated as well. These include B.R.C. sections 5-8-4, 5-8-8, 5-8-9 and 5-8-15.
In short, taking action to further restrict firearms within the City of Boulder will result in litigation to decide the constitutionality and legality of both the current Boulder gun control scheme and the assault weapon ordinance the city council is considering. RMGO would additionally seek attorney fees and costs under 42 U.S.C. section 1983 and Colorado law.
Sincerely,
James O. Bardwell, Esq.