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Federal judge blocks Boulder County’s gun restrictions

NRA affiliate sues over Boulder's new assault-weapon ban

Boulder County’s ordinance banning the sale, transfer and manufacture of “assault weapons” and magazines is on hold after federal judge Charlotte Sweeney issued a temporary restraining order against its enforcement pending a hearing on Sept. 8.

Rocky Mountain Gun Owners filed the case challenging the ordinance’s constitutionality, seeking an injunction in light of the U.S. Supreme Court’s recent decision in New York State Rifle and Pistol Association v. Bruen, in which the court ruled that individuals have a constitutional right to carry a handgun for self-defense outside the home.

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Judge Sweeney said that, “on this admittedly limited record and with a liberal analysis of this factor,” the gun group established a “substantial likelihood of success on the merits.”

“We are on fire, we just can’t stop winning in the courts,” said Taylor Rhodes, Executive Director of Rocky Mountain Gun Owners. “Because of the correctly decided Bruen decision authored by Justice Thomas this summer, the floodgates are open, and we are taking back the rights that evil tyrants stole from us.”

The group previously filed lawsuits against Louisville, Boulder and Superior, which all recently enacted similar gun bans and restrictions.

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Shortly after the decision, Boulder, Superior, Louisville and Boulder County requested that all four cases be consolidated into a single case and agreed not to enforce their rifle and magazine bans pending a final decision on a permanent injunction.

“When a constitutional right hangs in the balance, though, even a temporary loss usually trumps any harm to the defendant,” Sweeney said in ruling, adding that the public interest is subservient to constitutional rights.

“Gun owners in Colorado are sick and tired of being treated like second class citizens and having gun control shoved down our throats,” Dudley Brown, President of Rocky Mountain Gun Owners, said. “And now we’re armed with a Supreme Court decision which allows us to defend our Second Amendment rights by exercising our First Amendments rights to the fullest extent – suing government officials.

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Boulder County commissioners earlier said their action to restrict guns reflects their commitment to “the prevention of gun violence.” 

“With each mass shooting or tragic gun death we read or hear about, we feel more motivated than ever to take action in the absence of federal or state protections,” Commissioner Matt Jones said in a news release. “As we work to legislate for change, we remember those who lost their lives in our own community at the King Soopers in Boulder, and those more recently and further afield in Uvalde, Texas and Buffalo, New York.” 



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