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CO: Boulder Doubles Down on Gun and Magazine Ban
Gun Watch ^ | 25 June, 2018 | Dean Weingarten

Posted on 07/02/2018 5:34:31 AM PDT by marktwain



On May 15, 2018, the Boulder, Colorado, city government passed a gun and magazine ban unanimously. The ban is likely illegal. It was immediately challenged in a lawsuit.

On 19 June, 2018, the Boulder city government doubled down on the ban, adding more restrictions, and an exemption for competitive shooters who travel through the city. From the dailycamera.com:

Five amendments were proposed. On an 8-1 vote, council passed three: Removing an exemption for 30-round handgun magazines that are legal under Colorado law; allowing competitive shooters to travel through Boulder with assault weapons; and clarifying the language so that any individual not allowed to possess firearms under state and federal law could not receive a certificate of ownership.

Council member Mirabai Nagle was the lone dissenting vote. She opposed banning high-capacity handgun magazines that are legal under state law, grandfathered in via a 2013 measure.

"The gun community is not going to turn in their 30-round magazines," she said, "so we just turned a bunch more people into criminals."

She also voiced discomfort with disallowing gun stores from issuing certificates of ownership, which she argued would boost compliance. The rest of the council was swayed by arguments from the city attorney and police chief that background checks at private dealers would not be sufficient.
The Court challenge lists several Second Amendment based arguments. They may not be considered, because it appears the Boulder city government is directly violating Colorado state law.  From findlaw.com:
Colorado Revised Statutes Title 29 Government Local § 29-117-103
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.
The Colorado State Supreme Court tied on finding that Denver was exempt from § 29-117-103, in 2006, allowing a lower court ruling to stand. The lower court claimed Denver was exempt from the law.

 An important part of any law is the provision for penalties. I have not found any penalty attached to violation of § 29-117-103.  It is possible the Boulder ban will be struck down as moot under the Colorado statute, without penalty for the city. It is also possible that the Colorado courts will find a way to exempt Boulder from the statute.

Boulder, Colorado, is one of the most Progressive cities in the country. It is a college town, like Madison, Wisconsin, and Berkley, California. The votes of college students, under the tutelage of Progressive professors, in cities where the student population is a significant percentage of the population, ensure leftist government. I spent considerable time in Boulder on official business while I was employed by the Department of Defense.  The National Center for Atmospheric Research (NCAR) is located there.

The University and the student population dominate the city. It is a beautiful setting. Large amounts of government funding for the University and government institutions there, such as NCAR, insure that the city is well populated with government funded technocrats.

We will not know if the Colorado courts will uphold the law for several months.

©2018 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch


TOPICS: Business/Economy; Government; Politics; Society
KEYWORDS: ar15; banglist; boulder; co
Boulder hopes to be able to defy the legislature because the Supreme Court allowed Denver to do so.
1 posted on 07/02/2018 5:34:31 AM PDT by marktwain
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To: marktwain

I live in the Denver suburbs and I have a ban on visiting Boulder.


2 posted on 07/02/2018 5:39:09 AM PDT by G Larry (There is no great virtue in bargaining with the Devil)
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To: marktwain

The city attorney swayed the council to vote for what is likely an illegal measure? ... I have questions ...


3 posted on 07/02/2018 5:52:00 AM PDT by Coffee... Black... No Sugar (No tagline provided...)
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To: marktwain

Boulder is 34 square miles surrounded by reality. You do not have to be crazy to live there but it helps.


4 posted on 07/02/2018 6:04:03 AM PDT by mountainlion (Live well for those that did not make it back.)
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To: marktwain

The last time I was in Colorado, there was a huge wildfire near Boulder. The smoke plume was visible over 100 miles away. Apparently and somewhat sadly, they managed to stop the fire.


5 posted on 07/02/2018 6:22:24 AM PDT by cyclotic ( WeÂ’re the first ones taxed, the last ones considered and the first ones punished)
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To: marktwain

Eff CO too.


6 posted on 07/02/2018 6:29:22 AM PDT by onedoug
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To: marktwain

I can hardly wait till all the criminals in Boulder turn in their illegal guns.


7 posted on 07/02/2018 6:53:43 AM PDT by antidemoncrat
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To: G Larry

I now have a ban on even considering moving to Colorado.


8 posted on 07/02/2018 7:03:41 AM PDT by ridesthemiles
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To: ridesthemiles

Keep your eye on the November elections.

If Walker Stapleton can win the Gov’s office, Colorado will return to sanity.


9 posted on 07/02/2018 7:08:24 AM PDT by G Larry (There is no great virtue in bargaining with the Devil)
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To: marktwain

Virtue-signalling Leftists who are about to cost their citizens a fair amount of money in losing lawsuits. Hopefully it becomes painful enough financially to wake up a few of those citizens.


10 posted on 07/02/2018 7:31:56 AM PDT by FreedomPoster (Islam delenda est)
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To: marktwain

Boulder, CO exists in its own space-time continuum. Folks there believe in the power of crystals, drugs, and Celestial Seasonings tea. Why am I not surprised to hear about this gun and ammo ban? Maybe they’re afraid an errant round will pop the bubble they have around their Weirdy-ville community.


11 posted on 07/02/2018 9:29:04 AM PDT by EinNYC
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To: G Larry
I live in the Denver suburbs and I have a ban on visiting Boulder.

I live in Jeffco and avoid Denver as much as possible too.

12 posted on 07/02/2018 10:11:28 AM PDT by bravo whiskey (Never bring a liberal gun law to a gun fight.)
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To: bravo whiskey
I live in Jeffco and avoid Denver as much as possible too.

I was born there and lived there 'till four years ago. Perlmutter and the school system helped me decide to move to Park County. Open carry is common here. Taxes are low. And, yes, I avoid Denver too.

13 posted on 07/02/2018 11:53:28 AM PDT by MileHi (Liberalism is an ideology of parasites, hypocrites, grievance mongers, victikms, and control freaks.)
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