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CO – GUN CONTROL – Boulder’s gun ban ordinance struck down; state preemption, constitutional rights prevail

BOULDER – A Boulder District Court judge has struck down the City of Boulder’s anti-gun ordinance that made the possession, sale or transfer of semi-automatic, magazine-fed sporting rifles, pistols and ammunition magazines that can hold more than 10 rounds illegal.

In a March 12 ruling Judge Andrew Hartman held that Boulder’s “Assault Weapons Possession, Sale, and Transfer Ban” ordinance is illegal under Colorado’s statutory ban on local laws, ordinances or regulations that “prohibits the sale, purchase, or possession of a firearm that a person may lawfully sell, purchase, or possess under state or federal law.”

Boulder residents Robert Chambers and James Jones sued the city on June 14, 2018, just days after the Boulder City Council enacted the gun ban.

Judge Hartman granted a request for summary judgment and issued a permanent injunction against Boulder’s enforcement of the ordinance.

“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,” says Hartman. “…the State of Colorado has passed laws that are effectively a scheme preempting local governments from enacting municipal firearms and magazine possession ordinances.”  [full article]

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