[ad_1]
^
- Local
- Community
- Journalism
Support the independent voice of Denver and help keep the future of Westword free.
During the second of two press conferences following the tragic March 22 shooting at a Boulder King Soopers that left ten people dead, Boulder Police Chief Maris Herold referred to the firearm wielded by the thus-far-unidentified gunman as a “patrol rifle” — a description widely interpreted as referring to an AR-15-style assault weapon.
Such armaments were prohibited in Boulder in 2018, but they just became legal again on March 12. And the organization that deserves a large slice of either the credit or the blame (depending on your point of view) for this development is the National Rifle Association, which supported the lawsuit that doomed the Boulder law.
“Inside New NRA-Backed Attempt to Kill Boulder’s Assault Weapons Ban,” our story published in July 2018, included an interview with Richard Westfall, the attorney leading the charge against the ban on behalf of two private citizens, Robert Lynn Chambers and James Michael Jones, as well as the Colorado State Shooting Association and Gunsport of Colorado. Their complaint focused on “the state preemption issue,” he explained.
“The Colorado General Assembly identifies firearms issues as matters of statewide concern,” Westfall continued. “So when there were questions about local jurisdictions having conflicting gun laws, they weighed in and created a very comprehensive preemption statute that basically bans local jurisdictions from engaging in this kind of piecemeal regulation of firearms.”
The Colorado Criminal Code “permits ownership of ‘assault weapons,'” the lawsuit pointed out. “Colorado state law merely prohibits ‘dangerous weapons’ (including firearm silencers, machine guns, short shotguns, short rifles and ballistic knives) and ‘illegal weapons’ (including blackjacks, gas guns, and metallic knuckles).”
Attorney Richard Westfall was among the attorneys who filed the original lawsuit against the Boulder assault-weapons ban.
As Westfall read the statute, he saw it as clear evidence that “local jurisdictions have been told they aren’t supposed to wade into this area.”
The NRA wasn’t an official plaintiff in that case, but Westfall confirmed that its Institute for Legislative Action was providing powerful assistance. At the time, the organization’s executive director, Chris W. Cox, offered this statement: “Prohibiting law-abiding 18- to 20-year-old adults from purchasing firearms and banning some of the most commonly used self-defense firearms in America will do nothing to improve public safety. Gun control only makes it harder for law-abiding citizens to protect and defend themselves. The NRA will do all we can to restore the Second Amendment rights of Boulder’s law-abiding citizens.”
That happened on March 12, when Boulder District Judge Andrew Hartman ruled in favor of the plaintiffs, using the same legal rationale that Westfall had outlined.
One section of Hartman’s order argues that Boulder’s assault-weapons ordinance “materially impedes the state’s interest in preventing inconsistent local firearms regulations because assault weapons are not prohibited under state law, possession and transfer of them is lawful in other Colorado jurisdiction, and the Ordinance subjects people to inconsistent laws making them civilly and criminally liable for otherwise lawful conduct when in Boulder. Furthermore, assault weapons are not prohibited under Colorado law as the General Assembly omitted assault weapons from its list of prohibited firearms…. Therefore, the Ordinance’s Assault Weapons Possession, Sale, and Transfer Ban forbids what the state law impliedly authorizes.”
The NRA responded to the ruling with this celebratory March 16 tweet:
ICYMI: A Colorado judge gave law-abiding gun owners something to celebrate.
In an @NRAILA-supported case, he ruled that the city of Boulder’s ban on commonly-owned rifles (AR-15s) and 10+ round mags was preempted by state law and STRUCK THEM DOWN. https://t.co/wmdhGG16pc
— NRA (@NRA) March 16, 2021
The NRA hasn’t offered a specific response to the Boulder King Soopers shooting. But just after 6 p.m. on March 22, after authorities in the city confirmed multiple casualties, including a police officer later identified as Eric Talley, the NRA twice tweeted an image from the U.S. Constitution and this quote: “A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.”
Authorities have not revealed when the King Soopers shooter obtained his patrol rifle — whether it was during the period when Boulder’s ban was in effect, or if he bought it during the ten days after the ban was lifted. But there’s no question that when he was using that firearm to take so many lives, such a weapon was legal to possess in Boulder.
We’ve reached out to Westfall for comment about the events in Boulder yesterday; in the meantime, click to read Colorado State Shooting Association, et al., v. the City of Boulder, as well as Hartman’s Robert Lynn Chambers and James Michael Jones v. City of Boulder order.
Keep Westword Free… Since we started Westword, it has been defined as the free, independent voice of Denver, and we would like to keep it that way. Offering our readers free access to incisive coverage of local news, food and culture. Producing stories on everything from political scandals to the hottest new bands, with gutsy reporting, stylish writing, and staffers who’ve won everything from the Society of Professional Journalists’ Sigma Delta Chi feature-writing award to the Casey Medal for Meritorious Journalism. But with local journalism’s existence under siege and advertising revenue setbacks having a larger impact, it is important now more than ever for us to rally support behind funding our local journalism. You can help by participating in our “I Support” membership program, allowing us to keep covering Denver with no paywalls.
[ad_2]
Source link
931288 843410Howdy! I just want to give an enormous thumbs up for the fantastic info you may have here on this post. I will likely be coming back to your weblog for a lot more soon. 933811
651568 782562Some really wondrous function on behalf of the owner of this website, perfectly fantastic topic material . 743299
672886 456019Normally I do not learn post on blogs, nevertheless I would like to say that this write-up very pressured me to look at and do so! Your writing style has been surprised me. Thank you, quite excellent post. 757354
80852 770437You got a extremely excellent site, Glad I noticed it by way of yahoo. 460968
183845 412230Hey, you used to write great, but the last several posts have been kinda boring I miss your tremendous writings. Past couple of posts are just a little bit out of track! come on! 771011
957188 235742Aw, this became an extremely good post. In idea I would like to set up writing like that moreover – taking time and actual effort to generate a great article but what / items I say I procrastinate alot by way of no means appear to get something completed. 730639
284636 987213Wow What excellent information. Thank you for the time you spent on this post. 604017
16093 194641Wonderful post, Im seeking forward to hear more from you!! 6819
302894 15075Its hard to search out knowledgeable individuals on this topic, but you sound like you realize what you are speaking about! Thanks 67227
952987 32728Of course like your website but you want to check the spelling on several of your posts. Several of them are rife with spelling difficulties and I find it extremely bothersome to tell the truth nevertheless Ill certainly come back once again. 231931
303621 227835Just wanna comment that you have a really good internet web site , I love the style it actually stands out. 255122
429629 725049It was any exhilaration discovering your website yesterday. I arrived here nowadays hunting new points. I was not necessarily frustrated. Your tips soon after new approaches on this thing have been valuable plus an superb assistance to personally. We appreciate you leaving out time to write out these items and then for revealing your thoughts. 497588
528723 926844It is difficult to get knowledgeable individuals with this subject, but the truth is could be seen as do you know what you are referring to! Thanks 182732
695478 926400Having read this I thought it was very informative. I appreciate you taking the time and effort to put this write-up together. I once again find myself spending method to much time both reading and commenting. But so what, it was still worth it! 774154
622773 34786Hmm is anyone else having difficulties with the images on this blog loading? Im trying to figure out if its a problem on my end or if it is the weblog. Any responses would be greatly appreciated. 533539
626233 354415Jeden Tag stellt man sich die Frage Was Koche Ich Heute?! Zerbrechen Sie sich nicht den Kopf, besuchen Sie uns am besten direkt auf unserer Webseite uns lassen Sie sich inspirieren 455235
517339 7042Howdy very nice web site!!Guy .. Beautiful .. Wonderful. 175959
626437 411515Its superb as your other posts : D, regards for posting . 267367
643516 846372have to do first? Most entrepreneurs are so overwhelmed with their online business plans that 313822
59324 118494Hey! Good stuff, do tell us when you lastly post something like this! 397938
14718 685446Quite fascinating subject , regards for putting up. 753891
747437 568551youve gotten an essential weblog proper here! would you wish to make some invite posts on my weblog? 690261
597814 290644A persons Are generally Weight loss is certainly a practical and flexible an eating program method manufactured for those that suffer that want to weight loss and therefore ultimately conserve a much a lot more culture. weight loss 873027
18693 469858TeenVogue? Looking for fashion advice, celebrity buzz or beauty trends? Discover it all in Teen Vogue 898742
609481 802015I got what you intend, saved to my bookmarks , really decent internet site . 612519
445030 601160hello admin, your web site pages pattern is simple and clean and i like it. Your articles are wonderful. Remember to maintain up the very good work. Greets.. 96274
524517 748128You ought to get involved in a contest personally of the finest blogs on-line. I will recommend this page! 347419
320217 438039Oh my goodness! an outstanding article dude. Thank you Nonetheless Im experiencing difficulty with ur rss . Do not know why Cannot register for it. Could there be any person finding identical rss difficulty? Anybody who knows kindly respond. Thnkx 884791