Boulder, Colorado bans assault weapons, bump stocks, large magazines

Remigio Civitarese
Mag 18, 2018

City councilors in Boulder gave final approval to the ban Tuesday night.

A lawsuit has been filed against the city of Boulder shortly after its city council voted to ban the sale and possession of assault weapons. The group says a recent ordinance passed by the council violates the USA and Colorado state constitutions.

"This ban is tantamount to Boulder attempting to stop drunk driving by banning Subarus", said Cody J. Wisniewski, an attorney with the firm. "It accomplishes nothing other than making criminals of law-abiding citizens". It also outlaws high capacity magazines, those with 10 or more rounds, and bump stocks. A similar restriction applies to pistols or any gun that can be modified to meet the new definition. Otherwise, they'll have to remove them from the city or make them unusable.

The ordinance, contends the lawsuit, violates the Second, Fifth and 14th Amendments as well as Colorado preemption laws and prohibitions against maintaining a firearms registry.

"Colorado is not California; these laws have no place here", said foundation president William Perry Pendley. C Caldara and Tyler Faye, the Boulder Rifle Club, and General Commerce LLC - Bison Tactical.

City leaders cited the Heller ruling from the U.S. Supreme Court as legal justification for their ban before their unanimous vote to enact it.

Council members Sam Weaver and Bob Yates said in a May 5 article that they both own guns, but that the "sensible gun regulation" was the "right thing to do" for several reasons.

The lawsuit noted that Colorado state law forbids local governments from prohibiting "the sale, purchase, or possession of a firearm that a persona may lawfully sell, purchase, or possess under state or federal law". "If we avoided taking action every time someone threatened to take us to court, everyone would threaten to take us to court".

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