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10th Circuit Court Issues Restraining Order STOPPING Superior, CO’s Weapon & Mag Ban
AmmoLand ^ | August 29, 2022 | Dean Weingarten

Posted on 09/06/2022 4:59:47 AM PDT by marktwain

A United States District  Court for the District of Colorado has issued a Temporary Restraining Order (TRO) against the Town of Superior to prevent enforcement of their recent “assault weapon” and magazine ban, based on the Supreme Court ruling in NYSR&PA v. Bruen.  This appears to be the first of many pending cases likely to knock down laws which infringe on the exercise of Second Amendment rights under the Bruen decision.

The lawsuit was filed on July 7, 2022. The TRO was issued on July 22, 2022.

Superior, Colorado, is a town of about 13 thousand located on highway 36 between Denver and Boulder, Colorado. The outskirts of Boulder are about three miles northwest, beyond the outskirts of Superior. Superior appears to be a trendy, upscale bedroom community serving Boulder and Denver. The average home price is said to be $570k.

Judge Moore was appointed by President Obama in 2013 unanimously. The judge took the challenge by the Plaintiffs (the Rocky Mountain Gun Owners, National Association for Gun Rights, and Charles Bradly Walker) to apply to three provisions of the ordinance enacted by the Town of Superior, sections 10-9-40, 10-9-240, and 10-9-260.

From the Court TRO:

In its effort to rule on the Motion, the Court has faced two significant challenges. It is not entirely clear to the Court, based on Plaintiffs’ Motion, which precise provisions of the Amended Code they wish to challenge. The Court also notes, however, that the Amended Code is not, itself, a model of clarity. Nevertheless, based on the Motion, it appears to the Court that Plaintiffs primarily challenge three of the Amended Code’s provisions—section 10-9-40, section 10-9-240, and section 10-9-260.


(Excerpt) Read more at ammoland.com ...


TOPICS:
KEYWORDS: 2a; 2ndamendment; ban; banglist; co; colorado; nra; secondamendment
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A federal district court in Colorado finds the "assault weapons" and magazine ban to be unconstitutional.
1 posted on 09/06/2022 4:59:47 AM PDT by marktwain
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To: marktwain

A small but great victory


2 posted on 09/06/2022 5:11:16 AM PDT by chris haney (Apache)
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To: marktwain

Colorado is out of control.


3 posted on 09/06/2022 5:11:26 AM PDT by CodeToad (No Arm up! They have!)
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To: marktwain
In 2016 SCOTUS handed down a unanimous decision in a case called "Caetano v Massachusetts". In that case the Massachusetts state Supreme Court upheld a criminal conviction of Caetano for possessing an illegal "stun gun". The court ruled that stun guns weren't protected under the 2nd Amendment because they didn't exist when the Amendment was adopted *and* because they're not used by the military.

The SCOTUS ruling stated,clear as day,that weapons that aren't used by the military and those that didn't exist in the late 1700s are *absolutely* protected. At one point in the decision the judges referred to the Massachusetts court's logic in upholding the conviction as "frivolous".

Seems to me that that decision can be used to strike down laws prohibiting certain weapons,certain magazines,etc.

4 posted on 09/06/2022 5:13:43 AM PDT by Gay State Conservative (Covid Is All About Mail In Ballots)
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To: marktwain

WOW! We actually won something here in Colorado?
Would this also nullify the statewide magazine restrictions and other crap laws they passed between 2013 and now?


5 posted on 09/06/2022 5:15:35 AM PDT by RandallFlagg ("Okay. As long as the paperwork is clean, you boys can do what you like out there." -Fifi)
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To: Gay State Conservative

Quite a few bans have been removed using lawsuits and the Caetano decision.


6 posted on 09/06/2022 5:15:36 AM PDT by marktwain
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To: marktwain

“If guns are outlawed only outlaws will have guns”. And who are the worst of the outlaws today? Radical activist democrats and their complicit rino accomplices. Make no mistake, once you are disarmed you will be executed socially, financially and possibly physically. Remember, the wokefolk don’t take prisoners. Even when it’s one of their own.


7 posted on 09/06/2022 5:17:49 AM PDT by Qwapisking ("IF the Second goes first the First goes econd" LStar)
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To: CodeToad

This is fairly old


8 posted on 09/06/2022 5:17:54 AM PDT by TheConservator (Beware the tyranny of the woke mob. There has never been a greater threat to liberty.)
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To: RandallFlagg
This decision only applies to the town of Superior. It is a preliminary injunction.

There are other cases in the works.

Yes, I believe the magazine ban is going down, nationwide, but it will take some time.

Quite a few other laws which infringe on Second Amendment rights are likely to be found unconstitutional.

The left wants to keep control of the House and Senate, so they can push through a bill to pack the Supreme Court and reverse the Heller, McDonald, Caetano, and Bruen decisions.

9 posted on 09/06/2022 5:19:23 AM PDT by marktwain
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To: marktwain

This is freakin awesome. I credit you to a small degree, because you write about and motivate us to be activists.


10 posted on 09/06/2022 5:20:47 AM PDT by Lazamataz (The firearms I own today, are the firearms I will die with. How I die will be up to them.)
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To: TheConservator
The TRO was issued on July 22, so this is about a month and a half old.

I had to wait until AmmoLand published it to post it on freerepublic.

11 posted on 09/06/2022 5:20:53 AM PDT by marktwain
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To: Lazamataz
Thank you for the kind words, Laz.

I work at doing what I can.

All of us need to do what we can. The worst we can do is grow discouraged and do nothing, as many defeatists seem to promote.

I pray for my country as well.

Ultimately, God decides.

12 posted on 09/06/2022 5:23:39 AM PDT by marktwain
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To: marktwain

subsequently, the TRO was extended to multiple additional jurisdictions that are trying to institute unconstitutional anti-gun laws ...

https://www.timescall.com/2022/08/30/judge-grants-temporary-restraining-order-preventing-boulder-county-from-enforcing-gun-control-measures

A temporary restraining order issued by a U.S. district court judge on Tuesday prevents Boulder County from enforcing most of its newly instituted gun control measures.

According to the ruling, Boulder County can no longer enforce its ordinances banning assault weapons and large-capacity magazines. However, Judge Charlotte Sweeney said the temporary restraining order did not apply to the county’s rapid fire trigger ordinance.

Loveland-based Rocky Mountain Gun Owners filed similar suits against Louisville, Boulder and Boulder County earlier this month.

The original lawsuits all cite a recent ruling in the group’s case against Superior, which was filed in July. The judge in that case granted the group a temporary restraining order prohibiting Superior from enforcing the new gun laws.


13 posted on 09/06/2022 5:24:23 AM PDT by catnipman (In a post-covid world, ALL "science" is now political science: stolen elections have consequences)
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To: TheConservator

Old?


14 posted on 09/06/2022 5:32:19 AM PDT by CodeToad (No Arm up! They have!)
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To: Gay State Conservative

I don’t see it that way. I think what they are saying is a “stun” “gun” really isn’t a gun. Just calling something a gun doesn’t make it so.

The real question will be when lasers and plasma weapons become common. Will those be allowed for self defense? The logic the SCOTUS uses says they will if the military uses them ;-)


15 posted on 09/06/2022 5:42:13 AM PDT by for-q-clinton (Cancel Culture IS fascism...Let's start calling it that!)
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To: marktwain
The laws need to change so that politicians who violate inalienable rights are personally charged for the legal fees of both the defendants and the plaintiffs, not the taxpayers.

These politicians are stealing from the taxpayers and need to reimburse them for every penny.

16 posted on 09/06/2022 6:02:16 AM PDT by T.B. Yoits
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To: marktwain

Court ruled killing babies is OK.
We had to live with that for 50 years.

Court rules 2nd Amndt protects a G-d given right.
The Left simply disregards it.

Gotta hand it to ‘em.
They just don’t give a schiite about any rule/law they don’t want.


17 posted on 09/06/2022 6:10:24 AM PDT by Macoozie (Handcuffs and Orange Jumpsuits)
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To: Macoozie

Our republic has a very hard time under a two party system where one of those two parties ignores the Rule Of Law and also tries to suppress the other party (the one that tries to follow the Rule Of Law).


18 posted on 09/06/2022 6:15:11 AM PDT by ClearCase_guy (We are already in a revolutionary period, and the Rule of Law means nothing. )
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To: marktwain
The irony is that the Demoncrats removed the state restrictions on local gun control to let a thousand bans bloom, but it looks like that is allowing the courts to move in and apply Bruen to quash the restrictions more quickly than they otherwise would have been able.
19 posted on 09/06/2022 6:19:32 AM PDT by pierrem15 ("Massacrez-les, car le seigneur connait les siens" )
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To: for-q-clinton
I sure as heck ain't no lawyer. I didn't even stay at a Holiday Inn last night. But I was just looking at the SCOTUS decision *and* the decision of the Massachusetts Supreme Court. The issue is the word weapon,not "gun". Despite not having existed in the late 1700s and despite not being well suited for use by the “militia” stun guns are widely used today for self defense. As for AR-15s...they didn't exist in the 1700s and,as manufactured,aren't well suited for modern warfare. But they are protected by the 2nd Amendment. Ditto 15...20...30 round magazines.
20 posted on 09/06/2022 6:20:13 AM PDT by Gay State Conservative (Covid Is All About Mail In Ballots)
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