Boulder, CO. makes the law abiding in to criminals.

Discussion in 'National Laws, Bills and Politics' started by tmoore912, May 16, 2018.

  1. tmoore912

    tmoore912 Just a Man

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    • Boulder City Council unanimously passes ban on assault weapons
    Changes to law likely in coming months
    By Shay Castle
    Staff Writer

    POSTED: 05/15/2018 09:16:59 PM MDT
    UPDATED: 05/15/2018 10:11:19 PM MDT

    ETA link: http://www.dailycamera.com/news/bou...ouncil-unanimously-passes-ban-assault-weapons
     
    Last edited: May 16, 2018
  2. BG_Atl

    BG_Atl Active Member

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    It'll be interesting to see how this stands up to their preemption statutes.


    29-11.7-103. Regulation - type of firearm - prohibited

    A local government may not enact an ordinance, regulation, or other law that prohibits the sale, purchase, or possession of a firearm that a person may lawfully sell, purchase, or possess under state or federal law. Any such ordinance, regulation, or other law enacted by a local government prior to March 18, 2003, is void and unenforceable.
     

  3. Mrs_Esterhouse

    Mrs_Esterhouse Swollen Member

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    I'm sure some judge (who feelz) will do some amazing magical conjuring for the children.
     
  4. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    The City Council members should be charged with violation of oath of office for passing such a blatantly illegal law. I'm sure pro-gun attorneys and activists reminded them of the state preemption statute.
    And they should be held PERSONALLY liable for any legal fees incurred by either side litigating this in court. No way should this unlawful and ultra-vires (outside their authority) action should be funded by taxpayers' money. Not even the tax money of lib-tard Boulder residents.

    P.S. 25+ years ago, the Bank of Boulder had a program, advertised in the NRA's magazines and maybe Guns & Ammo too, where if you put money into a CD for several years, they'll send you a high-end gun NOW, plus your money back later. I got a nice Weatherby Mark V (with factory scope) that way. Oh, how times have changed.
     
  5. tmoore912

    tmoore912 Just a Man

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    Last edited: May 18, 2018 at 8:36 AM
  6. GoDores

    GoDores Like a Boss

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    Colorado courts have already upheld an "assault weapon" ban that Denver passed after the state preemption law took effect. I don't know why everyone's so convinced the courts will change their minds this time.
     
  7. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    Denver banned assault weapons in 1989. Therefore their law predates the state preemption law.
    At least in principle, even if a later ordinance fine-tuned that law somewhat.

    Colorado, like Tennessee and several other states, allowed existing local gun control laws to stay in effect even though the states have banned in preempted any new movement in that direction by cities or counties.
     
    Last edited: May 18, 2018 at 2:49 PM
  8. GoDores

    GoDores Like a Boss

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    C.R.S. 29-11.7-103
    https://www.courts.state.co.us/Media/Opinion_Docs/03cv3809order.pdf


    Neither the preemption law nor the court case say anything about when the preempted laws were passed, and the law explicitly nullified existing statutes.
     
  9. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    Thanks for the link.

    So the problem with state preemption in Colorado is a STATE CONSTITUTION clause thst says cities shall be self-governing.

    OK, if that's that their constituiton says, then it means thr doctrine of preemtion by the state legislature isn't valid in CO.
     
  10. Wegahe

    Wegahe NRA Instructor

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    Not really. City self governing is everywhere in every state. State law still supersedes cities. While they are able to self govern in code enforcement, most law enforcement and other areas not covered by state laws and regulations they are still a part of the state and the United States. The gun ban regulation passed actually goes farther than it first appears. Think about Federally regulated NFA assault weapons that may be owned within the city. These too would fall under the ban. Not just the AR style rifles but the actual M16s and others privately held would also be banned. Cities (even in Georgia) can regulate the discharge of firearms (self governing) but not the sales and possession (State preemption). While most cities have a governing body they still have to govern within state and federal laws.
     
  11. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    Georgia's constitutional provisions for cities snd counties to engage in "home rule" is explicitly limited, although judges can let the cities getvaway with more than they're supposed to.
    Such as in the area of criminal law, which is NOT a "home rule" local power. But every county has dozens of laws enacted for crime suppression public safety, with up to 6 months in jail and $500 in fines for each day's violation.
    Sure sounds like a criminal law to me!!!