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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 ...
This Ping List is for all things pertaining to infringes upon or victories for the 2nd Amendment.
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I began noticing Colorado’s creeping nonsense when the Ward Churchill thing happened. How long ago was that?
Then the Jon Benet horror story...
Colorado needs an intervention.
“Colorado needs an intervention.”
No kidding. When the Ward thing happened it was a major exposure of the problems in the universities.
Carefully scrutinizing the Republican party's leadership since the Reagan administration leads me to believe they are philosophically no different than the Democrats.
Why does the current House Minority Leader come from the California instead of Texas ?
Why is the Mitch McConnell (a prototypical Eisenhower/Ford "moderate" Republican) still the Senate Minority Leader after losing the Senate, and recently ramming through the unpopular and politically damaging "Red Flag" gun law ?
Winning the upcoming mid-terms is useless unless McCarthy and McConnell are replaced with actual Conservatives who will vigorously pursue the policy goals of the base who put them there.
Fifty years ago the most popular bumper sticker in Colorado was....
.....”DON’T CALIFORNICATE COLORADO!”
Well, it has been. And now they are moving to Californicate New Meixco.
Dean, you deserve the kind words, and the actions you take are helpful!
How many Divisions has the Court? Their rulings will be disregarded.
The commie libs sure turned Colorado into America’s #1 Wimpy Man State rather quickly.
It seems unlikely the military will ever use guns that have electronic activating systems — ID finger rings, thumbprint pads, etcetera. (Such as New Jersey has wet dreams about...)
So the “of a type used by the military” thing becomes a measurement qualifier, then such intrinsically interfering devices should be not allowed or mandated.
See how the grabbers dodge that one...
It is an interesting question.
The Supreme Court has its own "negative" enforcement methods.
They consist of the lower courts refusing to convict under laws which have been found invalid.
They are backed up by police refusing to arrest on invalid laws.
They are backed up by prosecutors refusing to prosecute invalid laws.
The police and prosecutors are liable for enforcing unconstitutional laws which violate Constitutional rights, through lawsuit under U.S. 42:1983, civil rights act.
A Third Circuit three judge panel recently issued a decision showing the Second Amendment to be a valid subject for an U.S. 42:1983 civil rights lawsuit.
You have runaway legislators and politicians defying the Supreme Court. Trying to enforce the defiance among police, prosecutors and judges is likely to be problematic.
The judge in this case is an Obama appointee.
https://freerepublic.com/focus/f-news/4080748/posts
I posted this in July. I’m glad you brought it up again for further exposure.
I met a couple from that area fishing at s local lake. They were scouting places to move to in Oregon.
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