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Temporary restraining order prevents Boulder County from enforcing part of gun ordinance

The order granted Tuesday prevents Boulder County from enforcing part of an ordinance preventing the sale of assault weapons and large-capacity magazines.

BOULDER COUNTY, Colo. — A judge granted a temporary restraining order Tuesday preventing Boulder County from partially enforcing newly passed gun control measures.

Boulder County Board of County Commissioners unanimously approved five ordinances on Aug. 2 related to firearms. 

Ordinance No. 2022-5 prohibits the sale and purchase of assault weapons, large capacity magazines and trigger activators. The ordinance prohibits a person, corporation or other entity in unincorporated Boulder County from manufacturing, importing, purchasing, selling or transferring any assault weapon, large-capacity magazine or rapid-fire trigger activator.

Rocky Mountain Gun Owners and National Foundation for Gun Rights filed an amended complaint on Aug. 18 challenging that ordinance's regulation of assault weapons and large-capacity magazines, alleging the ordinance violates the 2nd and 14th Amendments of the U.S. Constitution.

The temporary restraining order granted Tuesday will be in effect for 14 days unless modified by the court and prevents Boulder County from enforcing the part of Ordinance No. 2022-5 pertaining to assault weapons and large-capacity magazines. It doesn't apply to the ban on the sale or purchase of rapid-fire trigger activators.

Judge Charlotte Sweeney, who approved the temporary restraining order, set a court hearing for Sept. 8.

PREVIOUS: Boulder city council passes stricter gun ordinances

The organization's legal actions follow a June U.S. Supreme Court ruling that expanded gun rights and threatens to upend similar firearms restrictions across the country. After the high court's decision, Rocky Mountain Gun Owners promised a wave of lawsuits — and is following through with that promise.

Another temporary restraining order granted in July prevents the nearby town of Superior from enforcing a ban on the sale and possession of certain semi-automatic weapons and large-capacity magazines.

PREVIOUS: Judge grants temporary restraining order preventing Superior from enforcing some parts of new gun ordinance

The city of Boulder announced Tuesday that it would "temporarily pause enforcement of its ban on assault weapons and large-capacity magazines, effective immediately, to allow time for more legal coordination among neighboring jurisdictions." 

That announcement came after the temporary restraining orders were issued in the Boulder County and Superior cases.

“We always anticipated that some of our gun violence prevention measures might face legal challenges. While these rulings are not directly related to the City of Boulder’s measures, we believe it is prudent to work with our neighbors on a coordinated legal strategy,” City Attorney Teresa Taylor Tate said in a news release. “Specifically, the cities of Boulder and Louisville along with Boulder County will seek to consolidate the lawsuits against each jurisdiction with the case against Superior.”

Taylor Rhodes, executive director of Rocky Mountain Gun Owners, said in a statement that "it doesn’t matter how big or how small the localities are —  if you pass unconstitutional gun control, we will sue you.”

The gun rights organizations contend in part that millions of citizens own the now-banned rifles and magazines that can store more than a 10-round limit imposed by City of Boulder in July — and that they are entitled to possess, sell or transfer them legally under the 2nd Amendment.

The Associated Press contributed to this report.

PREVIOUS: Gun advocacy groups sue more Colorado cities over controls

RELATED: Legal arm of Rocky Mountain Gun Owners is challenging Colorado gun magazine law

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