Colorado injunction doesn't apply to other cities

AP Photo/Lisa Marie Pane

The city of Superior, Colorado tried to implement an assault weapon ban, but a federal court told them, “Not so fast.” This is likely because of the Bruen decision and the “text and history” standard laid out there that will likely scuttle any and all assault weapon bans.

However, there’s a catch to the injunction.

You see, it only applies to Superior.

The temporary restraining order preventing the town of Superior from enforcing certain new gun restrictions does not impact similar restrictions in Boulder, Louisville and Lafayette.

Rocky Mountain Gun Owners (RMGO) sued the town of Superior in federal court following the town council’s passage of new gun restrictions on June 7.

U.S. District Judge Raymond P. Moore granted RMGO a temporary restraining order preventing Superior from enforcing two of the town ordinance’s new restrictions.

Even though Superior has to stop enforcing those two provisions of the ordinance, the three other Boulder County cities that passed gun restrictions do not have to stop.

“In the meantime those laws are on the books. The temporary restraining order doesn’t affect the other municipalities from enforcing their existing gun laws,” said Smith. “It doesn’t bode well for those laws if the plaintiff decides to sue or expand their lawsuit to include those.”

RMGO Executive Director Taylor Rhodes told Next with Kyle Clark that the group was considering suing the other municipalities, but that expense was a concern. He said the group sued Superior since it was the first to pass the new law, and that if you win against one, all others will fall.

So, the question is, does this represent some kind of bad news for gun rights in Colorado?

Not really.

What we have right now is a maintenance of a status quo. It’s entirely likely that such a restraining order can and may be issued against the other cities when they try to implement their own bans or there will be a ruling before they can do so.

It’s also possible that this is really nothing more than a short-term tactical mistake that will be a mild inconvenience in the grand scheme of things. After all, this is a federal court, which means the judges there will be expected and required to follow the standards laid out in Bruen. How anyone, be they in Colorado or elsewhere, can think an assault weapon ban will be upheld in a world where it has to be shown that a similar law existed around the time of the Founding is beyond me.

But, then again, Congress just passed one and they should know better, too.

Those other communities should enjoy it while they can because it’s just a matter of time before they find their assault weapon bans overturned as well.

Colorado might not be interested in becoming pro-gun again, but they’re going to find their attempts at gun control are going to be a lot harder going forward. That is a win for the Second Amendment and Colorado residents no matter how you slice it.

At worst, some people may be delayed in enjoying that win.

Aug 18, 2022 5:30 PM ET