Judge blocked Boulder assault weapon ban 10 days before shooting

[TomCADem]

Source: CBS News

A judge in Colorado blocked Boulder's two-year-old ban on assault weapons and large-capacity magazines earlier this month — less than two weeks later, 10 people were killed during a mass shooting at one of the city's supermarkets. According to the affidavit, investigators determined that the suspect, Ahmad Al Aliwi Alissa, purchased an assault rifle on March 16, 2021.

Boulder County District Court Judge Andrew Hartman ruled on March 12 that the 2018 ban, which outlawed the possession, sale or transfer of assault weapons and large-capacity magazines (LCMs), was invalid because it runs contrary to state law.

"The Court finds that the Ordinance's Assault Weapons Possession, Sale, and Transfer Ban is operationally preempted because it materially impedes the state's interest in firearms regulation, and it forbids what state law authorizes," reads Hartman's ruling. He pointed to the state legislature's declaration that firearms regulation is a state interest, in order to prevent "a patchwork of inconsistent local laws involving firearms," and to best protect Coloradans.

"The Court finds that the need for statewide uniformity favors the state's interest in regulating assault weapons and LCMs," Hartman wrote. "Statewide uniformity in regulations prohibiting the possession and transfer of assault weapons and LCMs aligns with the legislature's declared interest in protecting citizen's fundamental right to bear arm and consistent treatment under criminal law."

Read more: https://www.msn.com/en-us/news/us/judge-blocked-boulder-assault-weapon-ban-10-days-before-shooting/ar-BB1eTDGR?li=BBnb7Kz

[2naSalit]

1. I expect there will be some blowback...

From the community for that.

[Cha]

2. I so hope there is on..

Boulder County District Court Judge Andrew Hartman

[ShazzieB]

3. Judge Hartman deserves ALL the blowback!

[Cha]

4. Yes, he does.. he

okayed a license to kill with rapid fired.

[Mawspam2]

5. Hand that judge a shovel...

...and let him dig Officer Talley's grave.

[niyad]

16. Why not the other nine, as well?

[UpInArms]

6. " and to best protect Coloradans. "

Maybe he needed to think that through a little more

[dawg day]

7. Least popular man in town.

Sorry for his kids. But sorrier for the children whose parents and grandparents were killed.

[Old Crank]

8. The question is

Would it have mattered? Would he have just driven to Denver and bought the same gun. City, county, state restrictions are almost meaningless when there is no border check.
The real answer is national and the GOP kisses the ring of gun companies.

[Harker]

10. We might find out

I have been wondering whether the ruling and the muderer buying his weapon a few days after were entirely coincidental.

He brought the weapon from the Denver area to Boulder.

[Angrybob2001]

12. My guess, news stories got it on his mind

I'm guessing that the news stories got it on his mind. Would he have gotten a gun another day in another place, would he have gone to the store and shot ppl, who knows and playing that guessing game just makes everyone crazy.

Truth is, he shouldn't have had that gun in the first place and that's what we need to focus on and fix.

[Harker]

13. Yes.

The details are of interest to me as one who lived nearby and shopped at that store for many years.

The bigger issue, as you rightly say, is in need of being fixed.

[cstanleytech]

9. Guys, I am not a supporter of guns but try not to bash the judge to much for doing his job.

After all the issue is that the 2nd amendment is what leads to such rulings often when it comes to laws that impact on that so if we want real change then the only real way is to amend the Constitution.
Until that happens we will likely continue to see gun laws like this tossed out.

[FBaggins]

11. He really didn't have much of a choice

I don't think it even came down to a 2A issue.

My understanding is that there's a state law forbidding municipalities from passing laws like this. So the question wasn't whether Boulder's law was a good idea or not (or even whether it violated the 2nd Amendment)... but whether they had the power to pass the law in the first place.

[DetroitLegalBeagle]

14. Just looked it up

CO Rev Stat § 29-11.7-103
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.

Judge had no choice in this. Boulder had no authority to pass their assault weapons ban.

[hack89]

15. The shooter lives in Arvada, not Boulder. Arvada has plenty of gun shops.

so I don't think this ruling had any impact on the shooting.