A judge in Colorado delivered a massive win for the Second Amendment on Monday, striking down the city of Boulder’s attempted ban on AR-15’s and magazines holding more than 10 rounds.
The judge, Andrew Hartman ruled that the proposed ban violated Colorado’s preemption law, which prevents any gun laws from being implemented below the state level.
As The Washington Free Beacon reports:
Colorado state judge Andrew Hartman ruled the city’s gun ban violated the state’s preemption law, which prevents localities from imposing gun regulations above and beyond state law. Judge Hartman’s ruling declares the ordinance invalid and immediately bars the city from enforcing the ban.
“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,” Hartman wrote in the ruling.
The ruling is the latest in a string of victories for gun advocates who have used state preemption laws to overturn strict local gun regulations. A Washington court struck down a local ordinance on gun storage in February 2021, and a Pennsylvania court struck down Pittsburgh’s attempt to regulate the use of AR-15s inside city limits in October 2019.
Jon Caldara, a longtime Boulder resident who openly flouted the AR-15 ban, said he was “thrilled” by the ruling. The former Denver Post columnist and Independence Institute president publicly announced he would not comply with the order to turn over his AR-15 or ammunition magazines when the ban was instituted in 2019. He filed a separate federal suit against the ordinance and said his family has received backlash from supporters ever since.
The ruling represents a massive win for the Second Amendment under a Biden Administration which is doing all it can do to undermine American’s rights to own firearms.