Posted on 03/17/2021 5:52:54 AM PDT by COBOL2Java
The Second Amendment Foundation applauds a ruling by Colorado District Judge Andrew Hartman, who struck down a Boulder city ordinance that outlawed possession, sale or transfer of semi-automatic sporting rifles and magazines capable of holding more than 10 rounds.
“This wasn’t our case,” noted SAF founder and Executive Vice President Alan M. Gottlieb, “but it was the right decision by Judge Andrew Hartman. He ruled against the city ordinance because it violated Colorado’s state preemption law, which prohibits such local ordinances as the one in Boulder. Anti-gun politicians and organizations target such laws because they require uniformity in state gun laws and prevent the creation of legal minefields designed to trip up law-abiding citizens.”
Gottlieb is also delighted that the media alluded to a landmark U.S. Supreme Court ruling in June 2010 that incorporated the Second Amendment to the states via the 14th Amendment. This was a SAF case known as McDonald v. City of Chicago, which nullified that city’s long-standing ban on handguns.
Judge Hartman’s ruling is another victory for state preemption, Gottlieb noted, coming soon after a Washington State Court of Appeals panel ruled unanimously in a SAF lawsuit that the City of Edmonds acted illegally when it adopted a so-called “safe storage” requirement a few years ago. SAF and the National Rifle Association challenged that restriction and a similar one in the City of Seattle. Washington has one of the earliest preemption statutes, which has been used as a model for similar laws in other states.
In Colorado, Judge Hartman wrote, “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…the State of Colorado has passed laws that are effectively a scheme preempting local governments from enacting municipal firearms and magazine possession ordinances.”
“This is the way state preemption laws, which we wholeheartedly support, are supposed to work,” Gottlieb said. “Our hats are off to the plaintiffs in this case, Robert Chambers and James Jones, Gunsport of Colorado and the Colorado State Shooting Association. Their victory is a win for all Centennial State gun owners.”
And what is it about Boulder? The University of Colorado.
Communist held territory!
I don’t suppose some citizens of Boulder are much interested in the rest of the Constitution either. I was there once. Not real impressed with what I saw.
The irony of it all. Kalifornians escaping Kalifornia just to bring their culture with them that enables high crime and high taxes. And when you consider what they did to Oregon and Washington, they will only make it worse than what they had in Kalifornia.
For decades I’ve often thought how wonderful it would be if Kalifornia would just break off and sink into the ocean. Hey, we would not have Nancy and a host of other die hard lefties in Washington today if that happened.
The only time I was there was for a Rolling Stones concert. No complaints.
Boulder is really quite a beautiful place, if it weren’t for the hippies and Karen’s it’d be a great place to live
So what's the common denominator here? College towns?
The politicians who pushed this false law need to be personally charged for the costs to the state and the Second Amendment Foundation. The taxpayers cannot be forced to pay for the crimes of anti-Americans.
Boulder and Denver, along with several other cities/towns in Colorado are Home Rule. So how does Denver get away with these things while Boulder does not?
“And what is it about Boulder? “
They’re all maggot infested, dope smoking, FM types in search of utopia.
I call it Berkeley, Colorado. Boulder is to Colorado what Berzerkeley is to California. The batpoop craziest place in the state.
All too often, state tyranize their cities. It is nice every once in a while to see a state protect the rights of people from tyrants running cities.
And Rush lives on in us!!!!!
>>The politicians who pushed this false law need to be personally charged for the costs to the state
And then imprisoned for Deprivation of Civil Liberties under color of authority.
They are escaping California for financial reasons. Treat Californian leftist transplants like they treated the Okies of the 30’s. You bring your failed stupid liberal politics, expect pain!
WE HAVE TO HAVE CONSERVATIVE JUDGES WITH SOME BACKBONE TO STAND UP TO THE CONSTITUTIONAL HATERS!!!!!
Great post.
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