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Caldara v. City of Boulder

Why We Fight:

Mountain States Legal Foundation will always fight to preserve the western way of life—including the right to keep and bear arms.

Summary:

Boulder’s anti-firearm ordinance violates multiple provisions of the U.S. Constitution and the Colorado Constitution, and is in violation of at least two Colorado statutes.

Legal Question:

Whether a municipality can undermine the exercise of fundamental and unalienable rights and ignore the U.S. Constitution and controlling Supreme Court precedent?

Whether a municipality can ignore its state constitution and state law by infringing upon and criminalizing an individual’s unalienable and natural right to self-defense, and the right to keep and bear arms?

Plaintiffs:

Jon Caldara; Boulder Rifle Club, Inc., a Colorado nonprofit corporation; General Commerce, LLC, d/b/a Bison Tactical; and Tyler Faye 

Defendants:

City of Boulder, a Colorado home rule municipality; Jane S. Brautigam, City Manager of the City of Boulder, in her official capacity; Gregory Testa, Chief of Police of the City of Boulder, in his official capacity; Suzanne Jones, Mayor of the City of Boulder, in her official capacity; Aaron Brocket, Mayor Pro Tem of the City of Boulder, in his official capacity; Cynthia A. Carlisle, Boulder City Council Member, in her official capacity; Lisa Morzel, Boulder City Council Member, in her official Capacity; Mirabai Kuk Nagle, Boulder City Council Member, in her official capacity; Samuel P. Weaver, Boulder City Council Member, in his official capacity; Robert Yates, Boulder City Council Member, in his official capacity; Mary D. Young, Boulder City Council Member, in her official capacity; and Jill Adler Grano, Boulder City Council Member, in her official capacity.

Court:

U.S. District Court for the District of Colorado

On May 15, 2018, the Boulder City Council gave final approval to a proposed firearm ban, which alters firearm regulations in the City of Boulder by: (1) banning the sale or possession of the most popular firearms in America within Boulder city limits; (2) banning the sale or possession of standard-capacity magazines within Boulder city limits; and (3) raising the age of a “minor” with respect to firearms to 21, thereby restricting their ability to purchase and possess firearms in city limits. 

The ordinance also includes a registration section, which would require Boulder residents to register their newly-banned firearms if they wanted to keep them.  

Any person who exercises his constitutionally protected rights regarding the banned firearms within Boulder city limits will be subject to a fine of up to $1,000 and up to ninety (90) days in jail per offense. 

On May 16, 2018, on behalf of its individual, organizational, and corporate clients, Mountain States Legal Foundation filed a lawsuit in Colorado federal district court.



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