As various states move to pass controversial new gun control laws after the decision in New York State Rifle & Pistol Association v. Bruen, one such law was just enjoined by a federal court in Colorado. In Rocky Mountain Gun Owners v. Superior, District Judge Raymond P. Moore granted a motion for a preliminary injunction to stop enforcement of the law enacted by the town of Superior, Colorado to ban on the sale or possession of a wide array of guns.
Under Section 10-9-40, “Possession and sale of illegal weapons,” an “illegal weapon” is defined as “an assault weapon, large-capacity magazine, rapid- fire trigger activator, blackjack, gas gun, metallic knuckles, gravity knife or switchblade knife.” § 10-9-20. An “assault weapon” is then defined as including a semi-automatic center-fire rifle which has the capacity to accept a detachable magazine and also has one of a list of enumerated characteristics, a semi-automatic center-fire pistol with any one of certain listed characteristics, a semi-automatic center-fire pistol with a fixed magazine that has the capacity to accept more than ten (10) rounds, all semi-automatic shotguns with any one of a list of characteristics, any firearm that has been modified to be operable as an assault weapon, and any part designed to convert a firearm into an assault weapon.
Under the standard for a TRO, the burden is quite high. The challengers must establish
“(1) a substantial likelihood of prevailing on the merits; (2) irreparable harm unless the injunction is issued; (3) that the threatened injury outweighs the harm that the preliminary injunction may cause the opposing party; and (4) that the injunction, if issued, will not adversely affect the public interest.”
Diné Citizens Against Ruining Our Environment v. Jewell, 839 F.3d 1276, 1281 (10th Cir. 2016) (quotation omitted). Even under the standard, Judge Moore found that an injunction is warranted.
Moore, an Obama appointee and the former head Federal Public Defender for Colo. and Wyoming, correctly found that the law clearly ran afoul of the controlling precedent. The Court held in District of Columbia v. Heller that the Second Amendment protects arms that are “commonly used by law-abiding citizens for lawful purposes.”
Judge Moore held that “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.”
The Court also notes that the law has bizarre contradictions and a failure to protect citizens who owned such weapons before the critical date or move to the area after the deadline. Accordingly, Judge Moore holds:
“As previously discussed, the Court concludes that the Second Amendment encompasses the conduct addressed by this provision. And, also as previously discussed, the Court is unaware of a historical precedent that would permit the Town of Superior to impose such a regulation that would, in reality, eventually ban all assault weapons. Therefore, despite the Town of Superior’s substantial and legitimate concerns, the Court concludes that Plaintiffs are likely to prevail on the merits of their claim as to this provision.”
As I have previously written, the rush to pass such laws are likely to magnify court losses and expand precedent in favor of gun ownership. States like New York have been bottomless sources of such laws that ultimately curtailed gun control options. This is another example of such impulse-buy legislation that should be welcomed by gun rights groups as easy targets for challenges.
I am surprised they did not include all things “assault weapon” like chef knives, sticks of any kind, SUVs (for pollution, not running people over), rocks or the misuse of a pronoun either intentional or accidental.
Kidding aside, I think the professor is correct, keen-jerk reactionary laws will go to the courts, get struck down, and only solidify gun rights.
A minority report? Surely, they are playing with a double-edged scalpel.
That said, blades, blunt force instruments, gender-neutral fists and feet, George “fentanyl” Floyd syndrome, Mengele mandates, high mass SUVs, Diversity, Inequity, and Exclusion (DIE), and guns, too, in that order.
Ejercito asks:
“How was Kevin Clinesmith punished?”
12 months probation and 400 hours community service.
Lighteredknot says:
“Your hatred for DT and his supporters has rendered your conscience moot.”
Thanks for your love of me. I feel it.
send Kamala your love. blue light special: she will take whatever she can get
DNC slashes price for photo op with Kamala Harris by $10K
https://nypost.com/2022/06/21/dnc-slashes-price-for-photo-op-with-kamala-harris-by-10k/
The DEMS, Gun Grabbing Groups and Main Street Media never learn they think they are in the right and are blinded by they are right. They fail to realize they are actually hurting their cause and strengthening Gun Rights. The @nd Amendment Stands and nothing that they can do will ignore or overule it. They will fail again
Thanks to the Leftist gun-grabbers for playing Wiley Coyote to the Second Amendment Roadrunner. Enjoy the legal boulders!
https://m.youtube.com/watch?v=OHmJ_t2EneM
Mespo, there is a sport called bouldering.
This ain’t it! 🙂
Turley says:
“As I have previously written, the rush to pass such laws are likely to magnify court losses and expand precedent in favor of gun ownership. States like New York have been a bottomless source of such laws that ultimately curtailed gun control options.”
As is typical with his characteristic insouciance, it is not evident whether Turley makes this statement with sorror or glee.
oh, with sorror, I am sure. 🙂
I suspect you are being sarcastic, but it truly is not evident to me. I think it is fair to say that he does not wish to alienate his “blog family” of Trumpists who have made his blog so “successful.” On the other hand, he is a rational thinker and a self-described liberal unlike the vast majority of his followers. I believe that he prefers being enigmatic where his sympathies lie.
You seem to ache bigly regarding Professor Turley’s family quip. You could have a family too unless if you shoot blanks
😉
🎵 Find a girl, settle down
If you want you can marry
Look at me, I am old, but I’m happy 🎵
Perhaps he made the same changes Rachel Levine made and now he couldn’t even if he wanted it.
Your hatred for DT and his supporters has rendered your conscience moot. You impute yourself on to a sacrosanct plank that only exists as figment of your imagination. In your mind only the opinion of a Liberal matters, right? I presume you consider yourself enigmatic right? Well, hate to burst that bubble.
In as much as it se
Maybe he’s simply making an informed assessment.
Why would that matter?
Whichever pains you more, I hope that’s it.
OT
If Russia can “take” Ukraine,
America can “take” America.
______________________
Illegal DEPORTATION
is as moral, ethical and legal as
illegal IMMIGRATION.
No such thing as illegal deportation.
OT
THE AMERICAN NIGHTMARE!
The “American Dream” is for foreigners?
________________________________
“That dudn’t make any sense.”
– George W. Bush
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Illegal invasion numbers approach 2 million international criminal invaders per year.
The Nicaraguan Dream.
The El Salvadorian Dream.
The Honduran Dream.
The Guatemalan Dream.
The Mexican Dream.
The Haitian Dream.
The Cuban Dream.
CAPITAL CRIME
“As various states move to pass controversial new gun control laws after the decision in New York State Rifle & Pistol Association v. Bruen, one such law was just enjoined by a federal court in Colorado.”
– Professor Turley
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How and why is there occasion to “enjoin” laws which deny constitutional rights, and are unconstitutional? Why weren’t the perpetrators of these enjoined “laws” immediately arrested and prosecuted for wilful, deliberate, egregious and treasonous crimes against the 2nd Amendment of U.S. Constitution and America. Why is America having this discussion? Why haven’t judges and Justices enforced fundamental law? Why haven’t these judges and Justices been impeached, convicted, removed from office, banned for life and exiled for subverting and nullifying the very constitution they swore an oath to support.
Something about that oath causes judges and Justices to instantly lose their ability to read the English language. The judicial branch has no power to legislate, modify legislation or modify legislation by “interpretation.” If the judicial branch has the power to legislate, modify legislation and modify legislation by “interpretation,” America has two legislative branches. It absolutely does not. These perpetrators are criminals of high office.
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“…courts…must…declare all acts contrary to the manifest tenor of the Constitution void.”
“…men…do…what their powers do not authorize, [and] what they forbid.”
“[A] limited Constitution … can be preserved in practice no other way than through the medium of courts of justice, whose duty it must be to declare all acts contrary to the manifest tenor of the Constitution void. Without this, all the reservations of particular rights or privileges would amount to nothing … To deny this would be to affirm … that men acting by virtue of powers may do not only what their powers do not authorize, but what they forbid.”
– Alexander Hamilton
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2nd Amendment
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
As I commented on Prof. Turley’s previous recent article on the “sensitive places” restricitons for concealed carry, both the plaintiff and the judge in this case apparently completely missed the fact that both Superior and Lafayette Colorado have also completely banned concealed carry on all city real property INCLUDING city owned “rights of way” (roads, sidewalks, trails, etc.). The cities of Boulder and Lousiville specifically excluded rights of way in their concealed carry ordinance sensitive places restrictions, so that at least people can still carry concealed there walking down a sidewalk. And Denver only banned concealed carry in city buildings and parks.
If they had realized this, the judge in this case would also have granted an injuction against the companion concealed carry ordinance restrictions. Apparently few people have actually READ the ordinances that were passed by Boulder, Superior, Lafayette, Louisville, and Denver. Or attented or watched the archived city council videos, especially the the nonsense that went on at the Lafayette Council meeting where their ordinances were passed. The Colorado news media is completely ignoring this, though it is far more important than the ordinances banning open carry, “ghost guns,” or requiring safety signage in gun stores. The Superior and Lafayette concealed-carry ordinance bans on rights of way is a direct violation of the holding in New York State Rifle & Pistol Association v. Bruen.
“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; but nothing herein contained shall be construed to justify the practice of carrying concealed weapons. ”
Article 2 Section 13 of the Colorado States Constitution.
Any and all gun control laws in created by the legislators, county officials, or executive orders from the governor that prohibits guns (arms) in the state are in direct violation of this supreme law of Colorado, the state Constitution.
We need a 3 strikes law for lawmakers. Vote in favor of a law that is then ruled unconstitutional, strike 1. Strike 2 gets you barred from committee assignments. Strike 3 gets you barred from public service for life.
Subversion, abuse of power, usurpation of power, fraud, corruption et al. are crimes of high office worthy of impeachment, conviction and removal.
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Article 2, Section 4
The President, Vice President and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors.
Not nearly harsh enough. Fines first time, Jail time and fines, second time (PLUS what you lay out). Third strike laws afterwards leaving them in prison for treason.
As long as we’re dreaming, I would require registered voters to take a civics exam every 4 years. The results won’t prevent them from voting. But, they would be tallied by district and state. Then, the voting power in Congress of whoever the district or state elected would be reflected by the average score of their registered voters.
The Founders generally required voters to be male, European, 21 with 50 lbs. Sterling or 50 acres. Never did they design and engineer a one man, one vote democrazy; it was always a restricted-vote republic.
The constitution, as amended, corrects this. So what’s your problem?
Attempts like these will proliferate until Courts start assessing fines and penalties on those that draft these nonsensical laws that attempt to undermine the constitutional rights of citizens.
Golden County says:
“Attempts like these will proliferate until Courts start assessing fines and penalties on those that draft these nonsensical laws that attempt to undermine the constitutional rights of citizens.”
True. Some courts have not only sanctioned Trumpist lawyers for opposing attorney fees, they have referred them to State Bar disciplinary ethics proceedings for alleging nonsensical election conspiracy theories. We should punish people who knowingly act in bad faith if we expect to curtail this bad conduct.
How was Kevin Clinesmith punished?
The group or offenders is elected officials, not private lawyers.
Let’s remove the citizenship of the former as well.
Did the Judge also rule that the town of Superior had to reimburse all legal fees and related expenses of the winning parties? The ‘loser pays’ rules popular in other countries would help to lessen these knee-jerk reaction laws being written to ‘ban’ all sorts of guns.
It should not matter, but it will in a way that should benefit gun rights. Not only is the Judge in this case (Raymond P. Moore) an appointee of President Obama, but he is black. Those who oppose gun rights are going to have a hard time arguing partisanship and a strain of white supremacy.
Not really. Those making such arguments are true racists and bigots. They revel in displaying their racist, leftist positions.
When will we realize that prog/leftists live in an entire universe of their own creation with little to nothing in common with reality. That is why we will, forever, be at odds with them. Their ultimate sense of success is the destruction of what we were created to be. There is NO COMMON GROUND upon which to build a nation and live in harmony.
A Great American once stated….”Stupid is as Stupid does!”.
Do you suppose that at some point in their Lives…..gun banners shall finally accept the fact the Law is what it is….and not what they wish it to be? Why can they. not just accept the fact that Americans are enabled by the Constitution and both State and Federal Laws to possess and use firearms for protection of their property and loved ones.
The Left would be wise to ficus upon those who are committing acts of violence and deal with that scourge on society and give up going after the victims.
It bears repeating that the Second Amendment does not grant any rights.
It RECOGNIZES them.
As the 9th Amendment recognizes the natural and God-given right to substance ingestion, for example, a human activity since inception, understanding that causing property damage and bodily injury is a criminal act.
American freedom was intended to be nearly as infinite as the universe, whereas government was designed and engineered to be infinitesimal.
What the —- happened, America?
When did you lose your passion for true, actual freedom, back around 1860?
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9th Amendment
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Sorry, going a little off topic hear. But I like to relay good news. Lucifer Incarnate funded, corrupt and indicted Baltimore D.A Moseby loses primary.
One down ( Boudin), one on the way out ( Gascon), and a few more to go. Including but not limited to, Foxx and Krasner and Bragg.
Lefties complain when their ox is gored (abortion among others), but have no hesitation in violating the rights of other Americans.