‘I Cannot Comply’: A Second Amendment Advocate’s Fight Against the City of Boulder

The Daily Signal | 1/7/2019 | Staff
trainman (Posted by) Level 3


A Second Amendment advocate fighting against a constitutionally questionable gun ban and certification ordinance in the city of Boulder says he and his daughter have been targeted and bullied as his case winds through the court system.

The city last May passed an ordinance requiring gun owners to “certify” their “assault weapons” or remove their firearms from city limits. Those who didn’t could face fines, jail, and confiscation and destruction of their firearms.

Day - Attorneys - Mountain - States - Legal

The next day, attorneys from the conservative Mountain States Legal Foundation sued the city on behalf of Jon Caldara, Boulder resident and president of the Independence Institute; the Boulder Rifle Club Inc., a Colorado nonprofit corporation; a member of the University of Colorado Shooting Team; and others.

The foundation argues that the ordinance violates multiple provisions of the U.S. Constitution and the state constitution, and at least two state statutes.

Foundation - Questions - Municipality - Exercise - Rights

The foundation asks two key legal questions regarding whether a municipality “can undermine the exercise of fundamental and unalienable rights and ignore the U.S. Constitution and controlling Supreme Court precedent?” Additionally, they question if the city can legally “ignore its state constitution and state law by infringing upon and criminalizing an individual’s unalienable and natural right to self-defense, and the right to keep and bear arms?”

City Ordinance 8245 banned the sale and possession of guns in the city defined as assault weapons in addition to bump stock devices and large magazines, and banned the sale and possession of weapons to anyone under age 21. Gun owners of such magazines had until July 15, 2018, to either sell or dispose of these items.

Ordinance - Grandfather - Clause - Owners - Firearms

The ordinance includes a grandfather clause that permits owners of these firearms to keep them in their possession if they receive a certificate from the local sheriff’s office proving their ownership and certifying their firearms. The law also bans them...
(Excerpt) Read more at: The Daily Signal
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