Gun Law Banning Assault Weapons Blocked by Federal Judge

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A federal judge has issued a temporary restraining order stopping the town of Superior, Colorado from enforcing a gun ordinance preventing people from possessing assault rifles, reports Denver7.

The town of Superior recently passed several gun control ordinances. The ordinances were passed under the authority of a recent law passed by state legislators (SB21-256) which allowed local governments to enact gun laws that are more restrictive than the state’s gun laws.

Superior’s new ordinances created several restrictions including:

  • Banning assault weapons, large-capacity magazines, and rapid-fire trigger activators;
  • Prohibiting a person’s ability to open carry a firearm in public places; and
  • Prohibiting the sale or possession of illegal weapons, which by definition in the ordinance includes assault rifles.

The new ordinances triggered a local gun-rights group, Rocky Mountain Gun Owners, to file a lawsuit against the town of Superior claiming that the ordinances violate the Second and Fourteenth Amendments.

As part of that lawsuit, Rocky Mountain Gun Owners sought a temporary restraining order immediately stopping Superior from enforcing the new laws.

On July 22, Judge Raymond P. Moore, a federal district judge for the District of Colorado, granted Rocky Mountain Gun Owners a temporary restraining order.

In his decision, Judge Moore stated, “The Court is sympathetic to the Town’s stated reasoning. However, the 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.”

Judge Moore did not grant a temporary restraining order against all of the ordinances, but limited his order to the ordinances that prohibited the possession or sale of “illegal weapons” (defined in the ordinance as “an assault weapon, large capacity magazine, rapid-fire trigger activator, blackjack, gas gun, metallic knuckles, gravity knife or switchblade knife.” Amended Code § 10-9-20.

The Judge also restrained Superior from enforcing an ordinance that required residents owning an assault weapon prior to July 1, 2022, to obtain a certificate for it in order to legally possess it.

Taylor Rhodes, Executive Director of Rocky Mountain Gun Owners, was happy with the Court’s decision.

“This is a massive win for gun rights in the state of Colorado,” Rhodes said in a press release.

“Today the judge affirmed what we already knew to be true — under the Second Amendment and the Bruen ruling, the Town of Superior doesn’t have a leg to stand on. Standard-capacity magazines and semi-automatic rifles are protected under the Second Amendment, and the U.S. Supreme Court has ruled that owning and carrying firearms is an individual right. Superior’s anti-gun ordinance is blatantly unconstitutional, and today the court agreed and gave us a restraining order against the Town of Superior to stop them from enforcing it,” Rhodes continued.

The temporary restraining order will remain in effect for 14 days. There will be an additional hearing to determine whether the order will remain in effect beyond the 14-day period. That hearing is scheduled for August 4, 2022, at 9:00 a.m. at the Federal Courthouse in Denver, Colorado.

About the author:
John Thomas is a U.S. Navy veteran, and a former prosecutor and defense attorney with over 20 years of experience in state and federal courts. He has handled everything from traffic tickets to first-degree murder cases and is a long-time supporter of Second Amendment rights and the rights of individuals to defend themselves, their families and their property.



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