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A judge in Colorado delivered a massive win for the Second Amendment on Monday, striking down the city of Boulder’s attempted ban on AR-15’s and magazines holding more than 10 rounds.

The judge, Andrew Hartman ruled that the proposed ban violated Colorado’s preemption law, which prevents any gun laws from being implemented below the state level.

As The Washington Free Beacon reports:

Colorado state judge Andrew Hartman ruled the city’s gun ban violated the state’s preemption law, which prevents localities from imposing gun regulations above and beyond state law. Judge Hartman’s ruling declares the ordinance invalid and immediately bars the city from enforcing the ban. 

“The Court has determined that only Colorado state (or federal) law can prohibit the possession, sale, and transfer of assault weapons and large capacity magazines,” Hartman wrote in the ruling.  

The ruling is the latest in a string of victories for gun advocates who have used state preemption laws to overturn strict local gun regulations. A Washington court struck down a local ordinance on gun storage in February 2021, and a Pennsylvania court struck down Pittsburgh’s attempt to regulate the use of AR-15s inside city limits in October 2019.

Jon Caldara, a longtime Boulder resident who openly flouted the AR-15 ban, said he was “thrilled” by the ruling. The former Denver Post columnist and Independence Institute president publicly announced he would not comply with the order to turn over his AR-15 or ammunition magazines when the ban was instituted in 2019. He filed a separate federal suit against the ordinance and said his family has received backlash from supporters ever since. 

The ruling represents a massive win for the Second Amendment under a Biden Administration which is doing all it can do to undermine American’s rights to own firearms.

 



Comments

      1. these are just hunting rifles. Military assault weapons are already banned. if you like myself know so little about guns, we shouldn’t be trying to take them from constitutionally safe owners.

        1. If you would participate in a police “Ride-Along” during a Drug Den Bust, you’ll notice those assault rifles will be in ample supply. In Australia, their populations are frightened each day by armed home invaders and robbers. They gave up their guns, and it looks like they gave up their ghost in the bargain.

        1. Almost 100% of gun owners never harm anyone, except for those libby snow flake with their illegal guns and the globalist puppet, libby snow flake mass shooters .

      2. globalist puppet $oro$ will be hiring some globalist puppet, libby snow flake sheep mass shooters to preach the globalist agenda to steal our legal guns . . . . .

      3. You’ve made a good point. I remember the Las Vegas attack was fortuitously conducted during a spirited liberal campaign to eliminate assault weapons.

        1. Did anyone notice that we never found out anything about the Vegas shooter ? Little odd in this day and age, when people can be tracked in a 1000 different ways.

          1. There’s something else not being mentioned: Apparently, liberal majorities in Washington ‘oversee’ many of these mass shootings, even though we’re supposed to believe they’re a more beneficial form of government. Why are people shooting each other if their preferred political party is in power? This is a cause and effect aspect that needs research.

    1. While he upheld state law, they are ignoring the US Constitution, which says that our 2nd amendment rights shall not be infringed. States should NOT be able to make gun laws that restrict our ability to purchase, sell, or transfer them. Congress should not be making such laws either.

    2. You know he was not appointed by globalists and globalist puppet $oro$ and globalist puppet barry soetoro .

  1. Members of Congress take an oath to defend the Constitution, against ALL enemies foreign or Domestic………we shall JUDGE how well they honor that sworn Oath at the 2022 Elections…..there are Democrats AND Republicans who have not held to that duty and responsibility, and they should begin to prepare their resumes…There is NO PLACE in Congress for any who do not support the Constitution of the United States.

  2. its a start and i have the solution to save america from communism which i will tell everyone next week ,its easy ,and the federal government CANNOT argue against it ,it will restore the constitutional rights of citizens absent today in the administrative court system where no due process is given if the ALJ deems it not neccessary

    1. You’re not saving us from Communism, you’re ridding us of Communists. To certain people, collectivism is an attractive alternative to working, paying for things and services, while they become equal with everyone else. That even sounds good to me. What certain people don’t understand is that Communist Governments become tyrannical regimes, and they don’t even pay lip service to collectivism. All they do is load their relatives and cronies onto the public dole, and orchestrate ways to bolster their powers. I would rather take my chances with Capitalism, because only I can forge success on my own merits.

  3. Now if we can only hope that the supreme court would follow the law sometime soon, all might not be lost in the former country called American.

  4. An ar 15 is not an assault rifle. An M16 is. These people need to learn whats right and wrong before opening their mouths.

    1. Actually any firearm is Mike , not to say I do not agree with you . But then if I was beating you with a 2 x 4 , that would make it an assault weapon . Politicians like to play semantics with their words in order to get their way And the manner in which these idiots passing anti gun laws are going , spitballs will soon be included in any assault weapons ban .

  5. very happy that this judge did the right think we need more legal weapons in this country to protect are selves from the idiots in are corrupt democratic congress

    1. There is but one defense against our corrupt Democrat Congress . Vote the idiots out ! They may rig all the voting machines but if No one votes for them , fraud should be easy to prove . Even to blind judge . And that is what they deserve Blind Justice !

      1. We’re talking about the 2nd Amendment, here. Democrats formulate voting blocks by corralling minorities, women, weirdos, illegal aliens, felons and dead people into their network of government dependents, then threaten them with admonitions of heartless conservatives cutting off their benefits/advantages if liberals aren’t elected. That’s called Demagoguery, and it is not a function of our Constitutional form of government. The 2nd Amendment was ratified to provide Americans with the means to maintain a Free State, either by votes, or by force. Liberals don’t believe in either a Free State, OR the spirit of that amendment.

  6. Great to see a judge that takes his oath of office seriously. Activist judges should be impeached whenever they rule against existing laws or the Constitution. Kudos to the residents of Denver for this win to uphold your 2A rights.

  7. We have been putting up with this kind of B.S. forever. Why don’t they just pass everything their little hearts desire, then we can have the big purge we all know is necessary to get the new replacement government to respect the oath of office.

    1. The “Big Purge” you mentioned has taken place everywhere Socialism and its Big Brother, Communism, were imposed. You might study the focus of those purges–those being people like YOU, and the liberal Useful Idiots who aided tyrants into power–to eliminate entire segments of the population who would oppose the wholesale usurpation of their civil rights and liberties. There’s now an effort underway to cull BILLIONS of human beings under the banner of “Sustainability”, which is an international campaign to align populations with available resources. They have a way to make pogroms sound SO sensible.

  8. the ‘judge’ should have said:

    “Since the US CONSTITUTION IS THE SUPREME LAW OF THE LAND, any laws, rules, regulations or edicts restricting any CITIZEN TO KEEP AND BEAR ARMS the Citizenry may wish to purchase IS AN INFRINGEMENT and a DIRECT VIOLATIONS OF THE CITIZENS RIGHTS!”

    And any vote, action, or attempts to INFRINGE should be a LOSS OF CITIZENSHIP because those who would seek to DENY ANY CITIZEN their RIGHTS, deserve NO RIGHTS IN THEIR OWN NAME!

  9. Gun control is about controlling the American people and taking away our right to defend ourselves . It has nothing to do with crime control. They are trying to destroy our bill of rights. They have also started attacking the first amendment. What part of “shall not infringe” do they not understand. In fact they know they are infringing on our rights, but they have a purpose for doing so. We are headed down the path to a communistic government. If you can’t see that , you are blind or simply not paying attention.

    1. If they were concerned about crime, they wouldn’t be releasing thousands of hardened convicts onto the streets, while waving drug cartel mules and terrorists over our borders. Perhaps that was their intention: Send violent sociopaths out with guns to kill the gentry, then cite those guns as justification to relieve us of our 2nd Amendment. I wouldn’t put anything past a liberal.

  10. Horse Sh** it’s already in the Constitution.

    Article VI, Clauses 2 and 3 of the Constitution.
    This Constitution, and the Laws of the United States which shall be made in Pursuance thereof…, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding. The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution.

    So according to the Constitution All federal and state legislatures are to obey the Constitution. No matter what the topic, guns, immigration etc.

    Restriction of arms and ammunition is not one of the “enumerated powers” delegated to Congress or the Executive Branch.

    When your elected official(s) write, sign, co-sponsor legislation that is not in pursuance of the Constitution this is called breaking their oath. This means these officials are complicit in “rebellion” against the United States.
    They must be arrested and removed from office for violating their oaths of office. All have taken an oath to uphold and defend the Constitution of the United States, but they have violated their oaths, so says the Fourteenth Amendment. 

    14th Amendment Section 3.
    No Person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.

    Constitution does not authorize the federal government to disarm us, the federal government may not lawfully disarm us.

    1. There weren’t many Liberals in those days. Marx was just a gleam in the eyes of avaricious potentates who needed a means to concentrate power within their inner circles. That Constitution paved the way for Americans to forge a nation of prosperity and freedom. Our nation’s charter has been a thorn in the side of tyrants since it was ratified, and our Bill of Rights further inhibited their campaigns to establish their regimes. The coup that took place in November illustrates how desperate they were to circumvent our political processes to continue their campaign. As we’ve begun to notice, they’re well aware that Americans can force them out of office by exercising our 1st–and especially our 2nd–Amendment authority.

  11. The slippery slope of liberal gun control must be reversed, and members of our congress promoting such bans should be censured. The Constitution forbids them from infringing upon our rights. Indeed, the 2nd Amendment is a last resort to prevent tyrants from disarming the populace. The 1st Amendment is the catalyst for our addressing these people on such issues.

  12. SHALL NOT BE INFRINGED UPON!!!!! I DONT THINK ANY Liberal or any demoncrats have read our Constitution and I think it’s time they have and understand our Constitution and the laws therein. So one more time for all you corrupt politicians what part of SHALL NOT BE INFRINGED UPON DONT YOU DUMB ASSES UNDERSTAND? Good for the Judge in Colorado we need more honest Judges like MR. Hartman keep up the good work.

    1. Liberals have not only read our Constitution, they’ve ‘interpreted’ the language in order to present arguments that the Framers meant something different than we surmised. Semantics aside, our Constitutional Right to maintain a Free State BY FORCE should be ‘interpreted’ to invoke upon these tyrants that they have no authority to usurp our means to wrest them from power.

  13. The globalists are going to keep on trying until we are unarmed – then they move in with the One World Government with NO freedom for anyone.

    1. The TPP being canceled was Strike One, and Brexit was Strike Two. Globalist almost struck out until Numb Nuts gained office. Let’s just say they now have us by the ‘balls’.

    2. All Globalists do is deny emphatically that they’re conducting such campaigns. In fact, if we have even a scintilla of effect against them, they’ll deploy an army of psychiatrists (You WILL be diagnosed as suffering from ‘Paranoia’, with ‘Schizophrenia’ lurking in the wings..) while learned opponents who specialize in character assassination confront you online, or on television programs. Even Black Helicopters (Just ask Dr. Lorraine Day about those tactics..) may be hovering over your abode. Dictators not only count upon the stupidity of their camp followers (AKA, Liberals) they also depend upon their ability to intimidate, frighten, marginalize and even eliminate their opposition. This game of ideological chess is rigged, and the sole means for reversing such agendas may involve wholesale revolts.

  14. If they succeed in taking away guns, then only the coppers and CRIMINALS will have guns. We will call 911 and:
    By the time police arrive,
    We won’t be alive.
    We will be dead
    And the criminals fled.

    1. I’m sure you’ll be posthumously accorded honorable mention in the movie/book/talk show discussions, when that criminal’s attorney arranges for these offerings.

  15. I keep getting emails from ‘patriots’ who claim they’re the last resort for Americans to keep our 2nd Amendment. They want money! Uh, why do my taxes pay for government employees who swear oaths to support and defend the Constitution if they instead turn around and dismantle those provisions? THAT was the R-E-A-S-O-N for the 2nd Amendment, people!! The “Free State” we’re armed to defend is established BY our Constitution. Stupid Americans who’ve fallen for the liberal existential threats against “Extremists” who mention these facts, ignore this crucial Civil Right. In my “Spirit of the Founders” spiel, I emphasized that this particular segment deputizes Americans to wrest tyrants from our Halls of Power. We’re simply squabbling over the definition of tyrants. Clue: Biden is a Tyrant!!

  16. Let’s ask the Commissar a question, shall we? During his coronation, there were lots of military personnel stationed around Washington. Now, can we assume those soldiers were armed? By the same token, were they armed with certain types of rifles? (We can be assured that slingshots were not issued..) So, the President-to-Be is surrounded by assault rifle-armed soldiers, but the American people cannot be similarly armed for their protection? Ya know, that just does not sound right.

  17. Our 1st and 2nd Amendments are fundamental Constitutional elements guaranteeing our freedom and authority to address government expansion beyond established parameters. When citizens can hoist written laws up toward tyrants, and exercise their Rights to confront politicians to inform them that they’re exceeding their authority, those politicians MUST accede to the will of the people, or they’ll face protests and possible public revolts. What we see occurring are efforts to provoke citizens to confront our leaders, but those tyrants have carefully designed the means to classify the speech of their opponents as a form of Terrorism, or Hate, Bigotry, Racism (Obama was big on that one, along with his pet ‘Rhetoric”) Sexism, and even Nationalism!! (……..) We’re being played like violins to react to these articles and the wholesale usurpation of our Bill of Rights. We have installed a regime that exploits those reactions to characterize protests and comments of their enemies as justifications to censor, monitor, harass and even arrest Americans who demand their leaders adhere to their established parameters.

    In other words, tyranny has arrived in Washington.

  18. Unbelievable. Monday was this ruling and BAM. Tuesday a shooting in Colorado. Are you freaking kidding me. I just did see story about shooting. Next one I flip to was this one. You can’t make this up. These people openly create chaos and kill innocent people in order to push their agendas and we have small minded people that feed right into it out of fear and having no backbone. Let these people have California to test their utopian minded laws and open boarder policies. Wouldn’t last 3 months.

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