Colorado Court Judge Shoots Down Boulder’s Ban on AR Weapons and Magazines

In 2018, the City of Boulder, Colorado bypassed a ballot and instituted an “Assault Weapons” ban, as well as a ban on magazines that hold over 10 rounds. On March 12, Judge Andrew Hartman not only struck down the law, but issued a permanent injunction against any enforcement of it. Why? The Colorado court judge ruled that because Colorado has a preemption law, that law takes preeminence over Boulder’s ordinance.

colorado court judge

The Colorado Court Judge

In a March 12 ruling Judge Andrew Hartman held that Boulder’s “Assault Weapons Possession, Sale, and Transfer Ban” ordinance is illegal under Colorado’s statutory ban on local laws, ordinances or regulations that “prohibits the sale, purchase, or possession of a firearm that a person may lawfully sell, purchase, or possess under state or federal law.”…

…Hartman links the “legally cognizable interest, namely, their right to possess firearms in defense of home, person, and property” to the 2nd Amendment to the U.S. Constitution and Article 2, Section 13 of the Colorado Constitution, which says, “The right of no person to keep and bear arms in defense of his home, person and property, or in aid of the civil power when thereto legally summoned, shall be called in question.”

…Hartman ruled that because the state comprehensively regulates firearms, including by enacting the preemption statute, the matter is one of mixed state and local concern, therefore the state preemption law prevails.


The ruling may be appealed to the State Supreme Court by the city of Boulder, but for now, the ordinance is void.

As we speak, a bill is passing through Congress that is designed to ban 205 “assault rifles” and magazines over 10 rounds. (We previously reported on Dianne Feinstein’s latest attempt to ban “assault weapons“). That and the plethora of other gun control bills that have sailed easily through the House. The Senate may not be able to stop them either, since there are RINOs in the chamber. Stay on top of it as much as you can- because “preemption” laws only stop attacks on the Second Amendment if the Federal and State governments do not adopt the bans.

H/T Uncle Sam’s Misguided Children


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Faye Higbee

Faye Higbee is the columnist manager for Uncle Sam's Misguided Children. All of her posts on Conservative Firing Line are also posted on Uncle Sam's.

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