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From the Mountain States Legal Foundation . . .

The City of Boulder, Colorado, has dismissed its own appeal in a case about its sweeping gun control ordinance, which had previously been defeated in state trial court.  The dismissal of Chambers v. Boulder is also a victory for Center to Keep and Bear Arms’ (CKBA) clients, who separately challenged the same measure in a federal case called Caldara v. Boulder.

Earlier this year, a Boulder District Court judge ruled against the city’s ordinance based on its clear conflict with state law—a ruling that will now stand.

The dismissal of the Chambers case – with prejudice – leaves Boulder’s prior ordinance permanently struck down. And it means that the city can’t change its mind and try a renewed appeal on the vast majority of the 2018 measure, which unconstitutionally banned or restricted many popular, widely owned firearms and magazines.

CKBA challenged the same Boulder ordinance in federal court the day after its passage—as a violation of the People’s natural and constitutionally protected rights. This challenge included a September 2020 petition to the Supreme Court, in which MSLF argued that federal constitutional issues—and the People’s natural self-defense rights—were not being given appropriate priority.

While CKBA’s clients were not part of the state court case, the case’s dismissal with prejudice also vindicates their rights, and those of all Boulder residents.

“This outcome is a victory for our clients, as well as the plaintiffs in the Chambers case,” said Cody J. Wisniewski, Director of MSLF’s Center to Keep and Bear Arms.  “It’s a win for the People at large, even if the fight against gun control in Boulder is certainly not over.”

“The federal courts should have taken the lead here, as we have fought for them to do over the years in the Caldara case,” Wisniewski noted.  “But the state courts still did the right thing, and Boulder recognized its position was futile.”

“What matters most is that Boulder’s unconstitutional infringement has been permanently struck down.”

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23 COMMENTS

  1. have traveled thru Boulder twice: once south to north; again, north to south. Never saw a “Welcome to Boulder” sign.

    Thinking there are still no such signs.

  2. “What matters most is that Boulder’s unconstitutional infringement has been permanently struck down.”

    until a new crop of worse than useless gummit poohbahs decide they really were right the first time, and enact a new “law”. But WE all know that any “law” encted tat is contrary to the US and/or State constitutions is null, void, of no effect, and not law at all.

    Too bad summa these here pawl a TISH uns aren’t smart enough to realise that.

    • Tionico,

      Those politicians know full well that their laws which violate the U.S. or state constitutions are null-and-void: THEY . DON’T . CARE .

      In the same way that a rapist does not care that rape is illegal, politicians like those in Boulder, Colorado don’t care that their unconstitutional laws are null-and-void. Just like a rapist, politicians want what they want and they will take it if they can, regardless of whether or not their goal is righteous.

    • While they might want to try again, the problem is that there now is a final judgment holding that Boulder’s efforts to do so are preempted by Colorado state law. That adverse judgment is now collateral estoppel against Boulder (lawyerese than basically means the Boulderbrains don’t get to relitigate the issues that were decided against them in the earlier case).

      Ergo, unless Colorado law changes, any attempted do-over by Boulder gets hit with an immediate motion to dismiss / motion for summary judgment based on collateral estoppel, and the case will be dismissed on that simple procedural basis rather than having to have a court deal with any constitutional or statutory interpretation.

      (Nicely done Cody!)

      • Welp, I see that Colorado recently repealed the state preemption law, so indeed the Boulderbrains might get another crack at it.

        But hopefully by then there will be a SCOTUS opinion that guts such efforts.

    • Quote: Tionico December 21, 2021 At 17:00
      “What matters most is that Boulder’s unconstitutional infringement has been permanently struck down.”

      Look for a $100/year licence fee on each magazine and each gat… or more.

  3. Good. At least Boulder is more free and besides a person needs to be loaded for bear in Colorado. The one time I went to Aspen I drove Independence Pass at night in the rain. Rocky Mountain High Adventure.

  4. I believe the married with kids and “happy” Governor of Colorado signed a law repealing State preemption. But you will still be able to shoot up crystal meth in public in the state, from what I understand.

        • You are correct freedom is messy. And the voters of Colorado knew who they were voting for. This guy was very open about being anti-Liberty. And they still voted for him anyway. Because he was offering other things to them that they wanted. Such as the ability to use drugs out in the open air. Which seem to be more important than 2A civil-rights.

          Elections have consequences.

    • Yes. Colorado is now back to a patchwork of ineffective liberal pipedream bans. Expect Boulder and others to ignore 2A rights and pass substantially similar laws.

  5. Additionally to any anti 2nd/A legislation being null and void and not to be ‘obeyed’, the persons, politicians, bureaucrats, and officers attempting to violate our rights by conspiring to make such illegal laws, or enacting them, or attempting to enforce them are committing a serious felony under Deprivation of Rights laws USCC 18 241-242. When we take back the Congress and Senate starting next November we must get off the bullshit wagon and get some uncorrupted Federal prosecutors to start picking up on this. We already have a growing ‘Constitutional Sherrifs’ movement to make the arrests. Then see how fast this commie mentality flys South? We should then be ‘able’ to take it to the next level of historic Liberty restoration by repealing all the demonic laws like the NFA, act, the ’68GCA, and all the rest of them.
    It’s how the West was won.

  6. “permanently struck down”

    Wishful nonsense. “permanently” is about the same as “forever”. Not even a roadbump to a marxist on a quest for nirvana.

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