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Posted on 03/16/2021 11:14:44 AM PDT by PROCON
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.
Hartman held that the plaintiffs had standing to sue the city because “Plaintiffs are presently being injured by sale and transfer ban.” Boulder claimed that the plaintiffs had not “demonstrated that they plan to imminently sell, transfer, or acquire assault weapons or LCMs,” but the court rejected this argument, citing more than a half-dozen Colorado cases holding that a person doesn’t have to wait to be arrested before having sufficient standing to challenge a statute or ordinance when it affects a legally protected interest.Hartman links the “legally cognizable interest, namely, their right to possess firearms in defense of home, person,
(Excerpt) Read more at bearingarms.com ...
..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.
And a new frontal assault on our 2nd Amendment rights will happen next week in D.C. when H.R. 127 is brought to the floor of the House.
This Ping List is for all things pertaining to infringes upon or victories for the 2nd Amendment.
FReepmail me if you want to be added to or deleted from the list.
More 2nd Amendment related articles on FR's Bang List.
Colorado ping.
Denver has a State constitution exemption under the “home rule” clause. (Colorado Constitution Article 10 Section1)
This is the result of liberals fleeing California and the messes they’ve made there, then voting for the same bankrupt policies in their new home: Colorado.
Frankly, California liberals are spreading across the country like cancer, infecting not just Colorado, but Texas, Utah, and other places. They claim to hate the high taxes, high cost of living, and nanny state government of California, but then they vote for all the same stuff anyway. All it does is ruin perfectly nice places.
I think there is still a statewide 15 round limit (that no one enforces). That’s why Magpul split Colorado.
Yes, Californication happened in my state of Washington starting in the late ‘70’s and it’s been downhill ever since in this once great conservative state.
I pray for the day when the silent majority wakes up and realizes, that
all those fleeing Conservative California Ex-Pats DON’T vote that way,
DIDN’T vote that way, and NEVER voted that way.
It’s the Corruptocrats that COUNT the vote THEIR way that ALWAYS
does the trick.
THAT ELECTION DIDN’T STEAL ITSELF!!!
~Easy
How do you know it's all those from CA how are to blame?
How do you know it isn't because of the leftist public school indoctrination centers in your state and others, churning out hundreds of thousands of little indoctrinated voters every single year?
who are to blame too!
For example, in Colorado, are the leftist public school indoctrination centers graduating hundreds of thousands of conservative young voters every year? Or are they seeding the landscapes with young leftist voters every single year?
Colorado Ping ( Let me know if you wish to be added or removed from the list.)
If that were the case, this would be observed everywhere in the country. While we have plenty of data showing that younger people tend to lean more socially liberal, this is a very distinct phenomenon happening in a handful of places with both a large influx of California residents and a sudden lurch to the left. We’re talking major swings in just a few years.
That’s not a normal cultural shift. That’s an invasion of cancerous thinking.
Wait a minute here, I have seen people from nearly every single state blame those from CA for their states leaning left.
Back to my question for you. Are the leftist public school indoctrination centers in your state and others, graduating hundreds of thousands of conservative young voters every year? Or are they seeding the landscapes with young leftist voters every single year?
Tell me, how do you know how a newcomer to your state votes?
Because of the construction boom in the '80's in the Seattle area, folks were selling their houses in Socal and paying cash for a $400,000 mansion in the greater Seattle area.
Oh, and the California license plates too.
As an electrical contractor, I made big bucks off of them.
It seems you have nothing, zip to back up your claims.
Ya see it’s much easier to blame “outsiders” than the freshly minted little leftist graduating each and every year from your own public school indoctrination centers.
It would be interesting to see how that exemption came about.
Ah, you’re talking about the price of real estate. I’m talking about liberal voters.
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