Mountain States Legal Foundation filed its opening brief on appeal before the United States Court of Appeals for the Tenth Circuit, in a case that arose after the City of Boulder enacted an array of unconstitutional firearm and magazine regulations in May of 2018.
Boulder city council members voted unanimously to ban some of the most commonly used firearms and magazines in the United States. Council members also raised the age of legal gun ownership in the city from 18 to 21.
In September, the U.S. District Court for the District of Colorado refrained from vindicating the constitutionally protected rights of Boulder residents. Instead, the court deferred to the State of Colorado court system to determine whether the city had authority to enact its new regulations.
On behalf of its clients—individuals, a non-profit organization, and a firearm retailer—Mountain States Legal Foundation asked the Tenth Circuit to allow the case to proceed in federal court on the merits of its Second Amendment challenge, in order to vindicate the rights of its clients and all Boulder residents.
In the past, the Supreme Court has acknowledged that fundamental rights, such as those protected by the Second Amendment, are too important to allow for any judicial delay. Such delay, however, was made inevitable when the lower court deferred to the state of Colorado in order to resolve a state law question while leaving the constitutional and federal violations unaddressed.
“The federal court cannot stand on the sideline while the rights of Boulder residents are being violated,” said Cody Wisniewski of Mountain States Legal Foundation, the lead attorney on the case. “We are confident that the Tenth Circuit will recognize the importance of the rights at issue in this case and will allow us to have our day in court. We are determined uphold our clients’ rights to self-defense, as guaranteed in the Constitution.”
Mountain States Legal Foundation, founded in 1977, is a nonprofit, public-interest legal foundation dedicated to individual liberty, the right to own and use property, limited and ethical government, and the free enterprise system.? Its offices are located outside Denver, Colorado.