The unanimous virtue-signaling weapon and magazine ban by the Boulder Colorado City Council last week does not bode well for gun owners in Boulder. While parts of this law are likely to be overturned due to Colorado’s firearm preemption law this is a serious threat to the Second Amendment rights of all Boulder gun owners.
A local government may not enact an ordinance, regulation, or other law that prohibits the sale, purchase, or possession of a firearm that a person may lawfully sell, purchase, or possess under state or federal law.
Inconsistency among local governments of laws regulating the possession and ownership of firearms results in persons being treated differently under the law solely on the basis of where they reside, and a person’s residence in a particular county or city or city and county is not a rational classification when it is the basis for denial of equal treatment under the law;
The Boulder ordinance does offer a grandfather clause to current owners of so-called Assault Rifles requiring Boulder County residents to obtain certification from the Boulder Police Department that they owned the weapons prior to the ban. There was no such grandfather clause for the “high capacity” standard 30 round magazine or the bump stock ban.
Colorado Independent Program Attorney Douglas Richards has publicly stated that this law will be difficult, if not impossible to enforce; however, that is not an invitation to ignore the law. Richards elaborated that, “a ‘feel good laws frequently singles out otherwise law-abiding citizens, while failing to address mental health issues, the primary factor leading to the gun violence the law aims to curb.” Contact Mr. Richards if you are a Boulder resident affected by this new ordinance.
There are a number of legal groups seeking to defend Boulder Citizen’s Second Amendment rights by challenging the law on the grounds that it violates the Second, Fourth, and Fourteenth Amendments. The Mountain States Legal Foundation is seeking to challenge the new ordinance in court based on the above grounds.
Though there are sufficient legal grounds in Colorado to challenge the law it is recommended that any owners of a(n) “Assault Rifles”, Bump Stocks or “High Capacity” Magazines comply with the ordinance until the law is overturned.
Gun laws and self-defense laws are complex and always changing. You have a duty to yourself–and your family–to know the law. Register to attend a seminar or workshop today, and arm yourself with knowledge.