BOULDER, Colo. – Everytown Law is representing the City of Boulder, Colorado in a legal challenge to the City’s recently enacted gun-safety ordinance, which includes prohibitions on the possession and sale of assault weapons and large-capacity magazines in the City and strengthens restrictions on the possession of firearms by minors under the age of 21.
Plaintiffs – two individuals, a gun dealer, and a shooting club – filed a lawsuit against the City the day after the ordinance was passed and, a month later, filed a motion in an effort to prevent the City from enforcing the ordinance while their lawsuit is ongoing. On September 17, 2018, agreeing with the arguments made by the City, the federal district court decided that it would abstain from deciding any of plaintiffs’ Second Amendment and other federal constitutional claims until a state court decided whether the ordinance was preempted under state law. The case is currently on appeal to the United States Court of Appeals for the Tenth Circuit. Boulder’s ordinance remains in effect. Everytown Law is co-counsel with Arnold & Porter Kaye Scholer LLP, the Boulder City Attorney’s Office, and the Giffords Law Center to Prevent Gun Violence.