Centennial State Smackdown
In the aftermath of Bruen, some states essentially nullified the offensive requirement of concealed carry permit applicants to provide “good cause” to be armed. Almost reflexively, stubborn anti-gun politicians in New York, New Jersey and California immediately instituted other mandates in an effort to dance around the decision and keep gun owners on a leash.
However, out in Colorado, something interesting happened. The town of Superior had adopted a ban on so-called “assault weapons” and grassroots activists quickly took the town, and the local sheriff, to federal court. Late last month, U.S. District Judge Raymond P. Moore issued a temporary restraining order against enforcement of the ban. The order had a 14-day time limit.
According to the Denver Gazette, Judge Moore’s order blocked the gun ban and a prohibition on so-called “illegal weapons,” whatever those are. Somewhere in that mix were gun magazines holding more than ten rounds.
While assuring the town he had some sympathy for its gun control effort, the judge noted in his opinion, “(T)he Court is unaware of historical precedent that would permit a governmental entity to entirely ban a type of weapon that is commonly used by law-abiding citizens for lawful purposes, whether in an individual’s home or in public.”
The offensive ordinance included a definition of an “assault weapon” that translates to semiautomatic, centerfire rifles. Owners of such guns would have until Dec. 31 to get a “certificate of ownership” from the Boulder County Sheriff’s Department.
Plaintiffs in the federal lawsuit contend provisions in Ordinance 0-9 violate the Second Amendment, and don’t sell that idea short. Ever since the 2010 high court ruling in McDonald v. City of Chicago incorporated the Second Amendment to the states via the 14th Amendment, every state, county and municipal gun control action must now pass the constitutional smell test.
The case is known as Rocky Mountain Gun Owners et al. v. The Town of Superior et al.
According to CBS News, Rocky Mountain Gun Owners Executive Director Taylor said the small victory is “a sign of what’s to come.” He’s got a point. In other states, notably California, Washington, New York and Massachusetts, gun owners are rallying against efforts by anti-gun politicians at all levels to essentially ignore the Bruen ruling and carry on as though nothing of importance had happened.
It could become a spectator sport just to see how far the high court will allow these efforts to go before smacking them down.
