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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
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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
To: marktwain
A small but great victory
2
posted on
09/06/2022 5:11:16 AM PDT
by
chris haney
(Apache)
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!)
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.
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)
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
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)
To: CodeToad
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.)
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
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.)
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.
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.
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)
To: TheConservator
14
posted on
09/06/2022 5:32:19 AM PDT
by
CodeToad
(No Arm up! They have!)
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!)
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.
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)
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. )
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" )
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.
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