In 2018, the City of Boulder, Colorado bypassed a ballot and instituted an “Assault Weapons” ban that made the possession, sale, or transfer of semi-automatic, magazine-fed sporting rifles, pistols, and ammunition magazines that can hold more than 10 rounds illegal. This week Boulder District Court Judge Andrew Hartman essentially said to the city, not so fast skippy. He not only struck down the law but issued a permanent injunction against any enforcement of it. Why? He ruled that a Colorado state law takes preeminence over Boulder’s ordinance. judge stops Boulder gun ban
Judge Andrew Hartman held that Boulder’s “Assault Weapons Possession, Sale, and Transfer Ban” ordinance is illegal under Colorado’s statutory ban on local laws, ordinances, or regulations that “prohibits the sale, purchase, or possession of a firearm that a person may lawfully sell, purchase, or possess under state or federal law.”
(..) Hartman links the “legally cognizable interest, namely, their right to possess firearms in defense of home, person, and property” to the 2nd Amendment to the U.S. Constitution and Article 2, Section 13 of the Colorado Constitution, which says, “The right of no person to keep and bear arms in defense of his home, person and property, or in aid of the civil power when thereto legally summoned, shall be called in question.”
(…) 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.
The ruling may be appealed to the State Supreme Court by the city of Boulder, but for now, the ordinance is void, and in the end, the State’s constitution seems very clear,
As this post is being written, there’s a bill passing through Congress that is designed to ban 205 “assault rifles” and magazines over 10 rounds. (Dianne Feinstein’s latest attempt to ban “assault weapons“). That and the plethora of other gun control bills that have sailed easily through the House. The Senate may not be able to stop them either since there are RINOs in the chamber. Stay on top of it as much as you can- because “preemption” laws only stop attacks on the Second Amendment if the Federal and State governments do not adopt the bans.
For more on the Judge’s ban of the gun ban, go to Bearing Arms, and read Cam Edwards’ take on the decision.
Much of this post was first seen at Conservative Firing Line
judge stops Boulder gun ban