Federal Judge Blocks Black Rifle Ban in Colorado

A federal judge has issued a temporary restraining order stopping the town of Superior, Colorado from enforcing a gun ordinance preventing people from possessing assault rifles, reports Denver7.

The town of Superior recently passed several gun control ordinances. The ordinances were passed under the authority of a recent law passed by state legislators (SB21-256) which allowed local governments to enact gun laws that are more restrictive than the state’s gun laws.

Superior’s new ordinances created several restrictions including:

  • Banning assault weapons, large-capacity magazines, and rapid-fire trigger activators;
  • Prohibiting a person’s ability to open carry a firearm in public places; and
  • Prohibiting the sale or possession of illegal weapons, which by definition in the ordinance includes assault rifles.

The new ordinances triggered a local gun-rights group, Rocky Mountain Gun Owners, to file a lawsuit against the town of Superior claiming that the ordinances violate the Second and Fourteenth Amendments.

As part of that lawsuit, Rocky Mountain Gun Owners sought a temporary restraining order immediately stopping Superior from enforcing the new laws.

On July 22, Judge Raymond P. Moore, a federal district judge for the District of Colorado, granted Rocky Mountain Gun Owners a temporary restraining order.

In his decision, Judge Moore stated, “The Court is sympathetic to the Town’s stated reasoning. However, the Court is unaware of historical precedent that would permit a governmental entity to entirely ban a type of weapon that is commonly used by law-abiding citizens for lawful purposes, whether in an individual’s home or in public.”

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Judge Moore did not grant a temporary restraining order against all of the ordinances, but limited his order to the ordinances that prohibited the possession or sale of “illegal weapons” (defined in the ordinance as “an assault weapon, large capacity magazine, rapid-fire trigger activator, blackjack, gas gun, metallic knuckles, gravity knife or switchblade knife.” Amended Code § 10-9-20.

The Judge also restrained Superior from enforcing an ordinance that required residents owning an assault weapon prior to July 1, 2022, to obtain a certificate for it in order to legally possess it.

Taylor Rhodes, Executive Director of Rocky Mountain Gun Owners, was happy with the Court’s decision.

“This is a massive win for gun rights in the state of Colorado,” Rhodes said in a press release.

“Today the judge affirmed what we already knew to be true — under the Second Amendment and the Bruen ruling, the Town of Superior doesn’t have a leg to stand on. Standard-capacity magazines and semi-automatic rifles are protected under the Second Amendment, and the U.S. Supreme Court has ruled that owning and carrying firearms is an individual right. Superior’s anti-gun ordinance is blatantly unconstitutional, and today the court agreed and gave us a restraining order against the Town of Superior to stop them from enforcing it,” Rhodes continued.

The temporary restraining order will remain in effect for 14 days. There will be an additional hearing to determine whether the order will remain in effect beyond the 14-day period. That hearing is scheduled for August 4, 2022, at 9:00 a.m. at the Federal Courthouse in Denver, Colorado.

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  • shawn July 30, 2022, 5:23 pm

    this is one of the reasons we ditched colorado after living there for 20 years. Unfortunately the beautiful state of colorado is being califonicated. Its now to expensive to live there. and your rights are going byby. we moved to rural MO .

  • sfvshooter July 29, 2022, 1:58 pm

    Not surprisingly, site failed to mention this judge was nominated by Obama. Yes, that same Obama who is a supposed Muslim/terrorist/baby eater.

    • Kane July 30, 2022, 3:12 pm

      You were given a link to that info by the author, maybe you should have just said Thank You

      I guess we should all be so grateful that BHO does NOT have a Svengoli like influence over all his judicial appointments.

      Or could it be that BHO somehow maintains control over his judicial appointments and he is secretly pro- America? Nah, the pro-America is too far fetched.

    • Hondo August 2, 2022, 7:23 am

      You could always take your crybaby ass back to calguns and whine over there.

  • Blue Dog (he/him) July 28, 2022, 7:46 pm

    How does the city of Superior define a hi-cap mag? Over 10 rounds? When last I checked, Colorado had a 15 round limit on mags.

  • CPO Bill July 27, 2022, 5:58 pm

    A judge with brains!

    • Hondo July 29, 2022, 7:16 am

      Obviously not a bed wetting liberal like bluedouche it/clown. Thank god.

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