This has been in the works for a couple of weeks, having moved forward in previous meetings. Today is the third reading, and, will become law (and a lawsuit target) if passed. But, can it be enforced?
Boulder’s preparing to pass a new gun law. But can it be enforced?
The ‘teeth’ behind the proposed ban on assault weapons have been questioned
The Boulder City Council is preparing to adopt a local ban on the sale and possession of assault weapons, bump stocks and high-capacity magazines.
But city attorneys and police officers are under no delusion that the ban will be enforceable on any broad scale.
In fact, Boulder officials have been very open about the limits of the law.
City Attorney Tom Carr, who’s been responsible for drafting and redrafting the law in the council’s vision, said that the city is not going to go out looking for people who possess the items that Boulder is primed to ban.
They won’t go looking, wink wink.
“My officers could only take action if they came in lawful contact with someone who was in (illegal) possession or if they observed a weapon” subject to Boulder’s likely ban, Boulder police chief Greg Testa said on May 1.
What would they do then? Will they arrest a person engaged in their federal Constitutionally guaranteed right? Take away duly purchased property, against section 3 of the Colorado Constitution? Or section 13
Right to bear arms. The right of no person to keep and bear arms in defense of his home, person and property, or in aid of the civil power when thereto legally summoned, shall be called in question; but nothing herein contained shall be construed to justify the practice of carrying concealed weapons.
Pretty damned clear Boulder is about to violate it. Anyhow
So, what does that mean, in practice?
Assuming the latest draft of the ordinance is advanced on Tuesday, those in possession of what the city defines as “assault weapons” will have until the end of the year to get them grandfathered via a certificate from the police department. Bump stocks and magazines above 10-round capacity would have to be trashed, sold or otherwise removed from the city within 30 days of the law’s adoption.
Carr’s fully expecting a significant amount of non-compliance.
Depending on the person, we’re told that this has no teeth or lots of teeth. It seems that, in practice, it will be more of a feel good thing for Boulder and the gun grabbers then something that can be put into practice. Until, of course, the city council attempts to strengthen the ban with more penalties. And citizens will just go outside Boulder to purchase the firearms, and the firearms stores will simply take their businesses into surrounding cities.
Meanwhile, as Boulder goes after legally purchased property of law abiding citizens, rather than going after actual criminals, they declared themselves a sanctuary city in 2017, protecting people who are unlawfully present per federal law.
They will do it anyway, and enforce it whenever they get the chance, normally on unsuspecting tourists. Just like DC and NYC do. No matter how many times the courts slap them down, they keep enforcing those laws anyway.
There is no constitutionally guaranteed right to possess illegal weapons.
I wonder if any of these politicians have any clue what these gun parts they are banning are for.
Remember this gun banning politician?
1. “Shoulder thing that go upâ€
This infamous phrase was spoken by Congresswoman Carolyn McCarthy (D-NY) after she admitted that she did not immediately recall what a barrel shroud was, despite identifying the item as part of a bill to ban so-called “assault weapons.â€