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Boulder Residents Seek to Avoid Crosshairs of Unconstitutional Ordinance

Jun 12, 2018 | by William Perry Pendley

Law-abiding citizens request preliminary injunction against city’s
assault on right to self defense

DENVER, CO.  Continuing to fight back against Boulder’s assault on the rights of law-abiding citizens, Mountain States Legal Foundation today asked the court to halt enforcement of Boulder’s unconstitutional firearm and magazine ban until its federal lawsuit is resolved.  Mountain States Legal Foundation, on behalf of its clients, seeks to prevent the City of Boulder from enforcing its unconstitutional ban on some of the most popular firearms and magazines in the country, protecting innocent Boulder residents from excessive fines and even jail time.  Plaintiffs Jon Caldara, the Boulder Rifle Club, Bison Tactical, and Tyler Faye demonstrate the effect this unconstitutional ordinance will have on Boulder residents and small businesses.  

“This case isn’t just about firearms. This case is about losing your rights with the stroke of a pen,” said Cody J. Wisniewski, litigation counsel with Mountain States Legal Foundation, the law firm representing the plaintiffs. “Boulder cannot be allowed to violate the rights of its residents—for any amount of time.”

In addition to the unconstitutional ban, the ordinance indefensibly raises the minimum age for firearm possession to twenty-one, a slap in the face for one of the plaintiffs in the case, twenty-year-old Tyler Faye, a member of the University of Colorado Shooting Team, and millions of young American veterans who have served their country in time of war.

“We must have a preliminary injunction to stop this unconstitutional ordinance dead in its tracks,” said William Perry Pendley, president of Mountain States Legal Foundation.  “Otherwise, well-intentioned, law-abiding citizens will try to comply by going to the police stations with their lawfully-owned, but newly-banned firearms and unnecessarily expose themselves to grave legal consequences.”

On May 15, 2018, the Boulder City Council passed Ordinance 8245, amending the Boulder Revised Code to ban many rifles, shotguns, pistols, and standard-capacity magazines, as well as raising the minimum age for firearm possession to twenty-one, within Boulder city limits. Disturbingly, the ordinance was passed by a unanimous vote, with little debate, and despite an overwhelming number of public comments, telephone calls, and emails expressing concerns with and opposition to the ordinance. Mountain States Legal Foundation filed the lawsuit on May 16, 2018, in the federal district court in Denver, Colorado.

Mountain States Legal Foundation, founded in 1977, is a nonprofit, public-interest legal foundation dedicated to individual liberty, the right to own and use property, limited and ethical government, and the free enterprise system. In 2012, Mountain States Legal Foundation, on behalf of its clients, prevailed in the Colorado Supreme Court in Regents of the University of Colorado v. Students for Concealed Carry on Campus. The Court’s unanimous decision in that case confirmed the right of concealed carry permit holders to possess concealed firearms on the public university’s campus.

For more information:  Caldara v. City of Boulder



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