Today U.S. District Judge Raymond P. Moore issued a temporary restraining order against the ban on so-called “assault weapons” recently enacted by the town of Superior, Colorado, in Boulder County. The case is Rocky Mountain Gun Owners v. Superior.
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Like several other towns in Boulder County, Superior recently outlawed semiautomatic centerfire rifles that have at least one supposedly bad characteristic, such as an adjustable stock; various semiautomatic shotguns; various semiautomatic handguns; and magazines with a capacity of over 10 rounds.
It was obvious that such arms are “commonly used by law-abiding citizens for lawful purposes,” which is the Supreme Court’s rule from District of Columbia v. Heller (2008) for which arms are protected by the Second Amendment.
David Kopel
July 22, 2022
Colorado U.S. District Court issues TRO against magazine and gun ban
[And so it begins!—Joe]
Looks like a couple of the appellate courts are kicking back “assault weapons” and bump stock cases to be readjudicated as well. This proper adjustment may go more quickly than I thought it would – although the various congress critters still need to be educated. A 2×4 would be an appropriate learning aid.
As Joe mentions quite often. TRIALS. Arrests, trials, convictions. Jail time. These are the same people who would lock you up for spitting on the sidewalk.
And confiscate everything you’ve ever worked for. For the same if they could.
I’m quite sure every state in this union has laws mirroring the fed’s 241 & 242.
Violation of rights, and violation of rights under the color of law.
Let them know it’s just a matter of time before those very actions will be taken against them. All you need is a Sheriff and a prosecutor with an understanding of the law to make it stick. Elections are coming. So are perp-walks.
Let them know their crimes have serious consequences. And that politics will not save them.
Let them know they can do up to a year in county jail. A no one can save them from it.
Interesting. When I lived in Boulder (some 50 years ago), Superior was an derelict coal mine south of Boulder with a few old buildings. Today, it is another modern sterile dead forest in a fire prone area with a population of 13,000 transplants from Blue states.
Back then Boulder and area, like the rest of the state was conservative (except for some students at CU).
Does this mean that those charged with the “crimes” of having these items in the past are going to receive reparations from the leftist activists inside and outside of government and media, being that the laws “violated” were unconstitutional? If anyone deserves reparations, surely it would be those persecuted for violating unconstitutional laws! And if anyone deserves the severest prosecution, it would be those instrumental in enacting and enforcing those laws!
Now is a good time to reflect, and to remind people of the foundational principles of our American republic, by citing a few real, legitimate laws pertinent to the subject of this post;
The second amendment to the US constitution;
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.
And if that’s not enough, it has teeth behind it, if said teeth are but used;
18 USC 241
Conspiracy against rights
If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same;
If two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured—
They shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, they shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death.
And of course we mustn’t forget our servants, those whose station and title charges them specifically with protecting and upholding our rights as citizens;
18 USC 242
Deprivation of rights under color of law
Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.
Now, in fact, anyone in violation of one or more of those laws of the land is a criminal on the loose, awaiting prosecution and judgement lest his crimes continue unabated and others follow in his footsteps to do likewise. That would include, but is not limited to, many legislators, police, prosecutors, judges, media personnel and media company owners, and lobbyists, for indeed they have been conspiring to deprive rights, or are actively and intentionally depriving rights under color of law, many of them in direct contravention of their oaths of office.
Our fundamental national law, being the constitution, and our supporting law being any provision for the enforcement and prosecution of violators of the constitution, are the very foundation of a free and prosperous (read, “correct and just”) society. Anyone actively working to undermine that foundation is an enemy. Some of them are far worse enemies than any foreign, hostile power, as the enemies within are more dangerous and insidious. For the sake of the republic, and of the restoration of liberty in this land founded for the sake of liberty, such criminals, such enemies of the republic, must be dealt with accordingly, for to ignore that grave responsibility is to ignore our own futures; our freedom, our fortunes and our posterity. Indeed, the law, our most fundamental body of law, second and subject only to God’s law with which it is in harmony, demands it!
I liken our situation to a householder and father who has employed a nanny to look after, care for, and protect his children, and the nanny then setting about to perpetrate all manner of abuse against the children, teaching them lies, and even brainwashing them so as to hate their own family and to fight against one another. As evil and contemptible as that scenario is, it would, arguably, be a less severe crime than what we’re seeing in the public sphere today, for the evil nanny affects only one family or one neighborhood, whereas the evil public figure likewise degrades and abuses his whole constituency and even the peace, security and stability of the entire nation!