A federal judge has indicated that she is likely to dismiss a lawsuit filed by firearm owners and gun rights groups against Boulder County and three of its municipalities over local firearms ordinances. The lawsuit, filed nearly two years ago, challenged ordinances that prohibited the sale, transfer, and possession of large-capacity magazines and semi-automatic guns deemed “assault weapons.” The plaintiffs argued that the ordinances violated their Second Amendment rights, citing a U.S. Supreme Court decision that made it more difficult for gun restrictions to pass constitutional muster.
Judge Nina Y. Wang found that the plaintiffs failed to demonstrate how the ordinances specifically injured them, as they provided vague and insufficient details about their ownership of firearms and magazines. The defendants did not specifically raise the issue of standing, allowing Wang to give the plaintiffs time to explain why the case should not be dismissed.
The Boulder County governments enacted the regulations following a mass shooting at a King Soopers store, but the plaintiffs argued that the laws were unjustified and went beyond historical limitations on firearm regulation. The defendants countered that lawmakers have the power to address changes in firearms technology and the societal issue of mass shootings.
Judge Wang, appointed by President Joe Biden, focused on the lack of details provided by the plaintiffs in determining whether their firearms fell under the prohibitions of the ordinances. She left the door open for the plaintiffs to provide additional justifications for their case before moving forward to decide on the merits of the constitutional challenge.
The case has prompted a debate over the constitutionality of local firearms ordinances in the wake of the Supreme Court’s decision on gun restrictions.
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