Welcome to the Colorado AR-15 Shooters Club Discussion Forums.
Boulder assault weapon ban update?.Struck down?
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?
Last edited by def90; 03-14-2021 at 08:18.
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.”
NIL DIFFICILE VOLENTI
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.
https://pagetwo.completecolorado.com...e-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.
If you want peace, prepare for war.
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'll stop buying black rifles when my wife stops buying black shoes.
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.Originally Posted by FromMyColdDeadHand
What kind of precedent does this set for someone wanting to challenge the Denver gun laws?
I'll stop buying black rifles when my wife stops buying black shoes.
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”.
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.
Martin
If you love your freedom, thank a veteran. If you love to party, thank the Beastie Boys. They fought for that right.
Posting Permissions
Reply With Quote