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.
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 ...
A small but great victory
Colorado is out of control.
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.
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?
Quite a few bans have been removed using lawsuits and the Caetano decision.
“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.
This is fairly old
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.
This is freakin awesome. I credit you to a small degree, because you write about and motivate us to be activists.
I had to wait until AmmoLand published it to post it on freerepublic.
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.
subsequently, the TRO was extended to multiple additional jurisdictions that are trying to institute unconstitutional anti-gun laws ...
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.
Old?
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 ;-)
These politicians are stealing from the taxpayers and need to reimburse them for every penny.
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.
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).
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