Boulder Assault Weapons Ban Colorado Preemption
courtesy dailycamera.com

“I can assume that (Colorado’s preemption law was enacted) by the General Assembly in fear that some unit of local government would try to restrict someone’s Second Amendment rights, and now, big surprise, Boulder did it. Our worst fears were realized.” – Mountain States Legal Foundation president William Perry Pendley in ‘We don’t have to accept the carnage’: Towns take a stand on gun control [via nbcnews.com]

14 COMMENTS

    • And gold mining resulted in millions of gallons of cyanide-laden water used to leach the gold out of the ore polluting Colorado ground water…

  1. Cool. I’m not going to hold my breath waiting for their city council to be thrown in jail, as they should be.

  2. Does not matter if this gun ban runs afoul of preemption. Guns are involved. And once guns are involved in any law that could be used to protect those gun rights will be ignored and an exception will be made.

    The Boulder ban will stand. As will the Deerfield ban. Guns are involved. The judge will be biased. All judges hate guns and hate gun owners and I suspect a large amount of them want the government to ban guns entirely with door to door to door warrantless confiscation and hope they kill as many of us as possible in the process. So again a case involving guns no netter how good our case is going to court you can bet we will lose due to the judges hatred of us and private gun ownership.

    • state legislatures are loathe to surrender power…legal reversals are likely…

  3. I read the Colorado Supreme Court allowed Denver’s ban to stand. Why wouldn’t they do the same lawless thing in regards to Boulder?

    • The technicality that the CO Supreme Ct used for allowing Denver laws to survive the explicit preemption of the statute is that Denver is a home rule city (and county), which, if I remember correctly, are protected by the state constitution. Boulder is not. I think that in recent years Brighton joined Denver as a Home Rule city.

      • Liberty and justice for some. D.C. tried the same excuse and it didn’t fly with SCOTUS. An individual right is an individual right. Laws that restrict individual rights are either legal for all, or legal for none.

        • Once Kavanaugh is confirmed we should see these unconstitutional codes overturned. Read his dissent in Heller II.

  4. We already HAVE a preemption… the 2nd Amendment. How about we just get that one properly enforced?

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