Boulder Residents File Lawsuit Against City Over 'Assault Weapons' Ban

Image Flickr

Image Flickr

Firearms owners wasted no time challenging the Boulder gun ban, filing a lawsuit one day after the city council's Tuesday vote to expel "assault weapons" and certain accessories from the city limits. The foundation named virtually the entire city government from the mayor and city manager to the city council and chief of police as defendants, arguing the ordinance violates not only the state and U.S. Constitution but also at least two Colorado statutes.

The motion filed by the Mountain States Legal Foundation seeks a preliminary injunction to stop the famously liberal city from enforcing the ban, which would subject violators to fines of up to $1,000 and 90 days in jail per offense.

The ordinance bans "assault weapons", which the council defined as semi-automatic rifles with pistol grips or thumbhole stocks, or a folding stock, or a stabilizing grip for the non-trigger hand. The ban, otherwise known as Ordinance 8245, also bans high-capacity magazines and bump stocks. Local residents have until July 15 to remove the newly regulated arms and devices from town or apply for a certificate from the city to grandfather them.

Jon Caldara of the Boulder Rifle Club, locally-owned Bison Tactical and Tyler Faye, a member of the University of Colorado Shooting Team, are all plaintiffs listed in the lawsuit.

"The West wasn't won with a registered gun", said William Perry Pendley, the foundation's president.

They filed the lawsuit in federal district court in Denver, Colorado. "Colorado is not California; these laws have no place here".

"The point here is that this Supreme Court opinion from 2008 makes it very clear that we can regulate weapons designed primarily for human destruction", said Council Members Sam Weaver and Bob Yates in an opinion piece for the Boulder Daily Camera.

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