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Second Amendment Ignored and Abused in Boulder

“Laws that forbid the carrying of arms…disarm only those who are neither inclined nor determined to commit crimes…. Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man.”

While you might not have heard of the criminologist who first wrote these words in 1764, Cesare Beccaria, you might know that Thomas Jefferson used this quote to help explain the idea that eventually became the Second Amendment to the United States Constitution. Put simply, as he wrote in the first draft of the Virginia Constitution: “No freeman shall ever be disbarred the use of arms.” This sentiment may be old, but it its by no means outdated. It’s a point the gun grabbers of Boulder, Colorado would do well to understand. [perfectpullquote align=”right” bordertop=”false” cite=”” link=”” color=”” class=”” size=”24″]…the chasm between those who bear arms and those who wish to disarm the electorate widens.[/perfectpullquote]

The city government is eagerly gearing up to enforce an ordinance passed last spring that criminalizes the sale and possession of some semi-automatic rifles, pistols, and shotguns – along with bump stocks and magazines holding more than ten rounds.

Violation of the ordinance carries a hefty $1,000 fine and 90 days in jail, yet firearms owners aren’t flooding to the Sheriff’s office, firearms field stripped and ready to surrender.  To date, only 85 weapons have been certified.

How misguided are our friends in Boulder?  Have they not considered the fact that they’re trampling the rights of free Americans, or are they just ignorant of the cold, hard facts?

Legal Disarmament or Bunk?

City officials claim that being classified a Home Rule municipality allows them this flagrant disregard of the United States Constitution and, in specific, the most freeing of rights – the Second Amendment:

“… municipal “home rule” is a form of government under the control of local citizens rather than state government. It is self-government, meaning municipal rather than state control over the organization and operation of local government activities. Home rule does not, however, relate to nor confer any enhanced authority relative to powers of the federal government. Home rule relates to state-local relations, not federal-local relations.”

The ban, visibly labeled “This-Is-Not-A-Registry,” went into effect June 15, but graciously allowed the good gun owners of Boulder a grandfather clause with an enabling period to turn in their firearms, magazines, and bump stocks before the ordinance begins to punish otherwise legal owners with stiff fines and jail times. There are lawsuits on the docket from the NRA and Mountain States Legal Foundation, but at the moment, the deadline to comply is December 27.

As that date looms, the chasm between those who bear arms and those who wish to disarm the electorate widens.

Gun-owning citizens of Boulder, and anyone who can read the United States Bill of Rights, claim the ban is flat out illegal – and it’s forbidden by the state of Colorado’s own laws as well. From C.R.S. 29-11.7-103:

“A local government may not enact an ordinance, regulation, or other law that prohibits the sale, purchase, or possession of a firearm that a person may lawfully sell, purchase, or possess under state or federal law. Any such ordinance, regulation, or other law enacted by a local government prior to March 18, 2003, is void and unenforceable.”

Even city attorney Tom Carr, the man who drafted the law for the elitist left council, can’t find a legal way to proactively enforce his own legislation. “Obviously, there’s no circumstance where we go door-to-door and ask people if they’ve violated the law. So, I think it would mostly be responsive.”

Liberty Nation’s Scott Cosenza, a constitutional attorney and by-the-book Libertarian, scoffed at the insanity:

“Boulder has enacted a host of regulations openly hostile to the gun rights of those who have the misfortune of residing there. I predict the regulations there will lead to nothing but a pile of legal bills for the city as they try to defend the restrictions. Hopefully the Supreme Court will address these issues more directly in future cases.”

This Is a Registry

For those who are “grandfathered” in – the proud owners of AR-15s, bump stocks, and any magazine holding more than 10 rounds – there is a certification process underway. Despite any claims to the contrary, that sure smacks of a gun registry:

“A person certifying a firearm will need to bring valid photo identification and the firearm being certified. Firearms must be unloaded and secure in a vehicle.  A background check will be performed to ensure that the weapon holder is legally able to be in possession of the firearm. Once the background check comes back clear, two certificates per firearm will be filled out by hand and given to the person registering the firearm.”

Yet Boulder authorities are adamant in their claim that no paperwork will be copied or kept (yeah right) and gun owners keep all certificates.  Here’s the fun part of that – on the City’s Firearm Certification web page, they warn: “If both certificates are lost or destroyed after December 31, 2018, possession of the weapon is no longer legal.”

As Boulder City Councilmember Sam Weaver told reporters, “The grandfather clause was an olive branch to gun owners.” Oh, yeah, that’s how gun owners perceive certification.  I doubt if Sam will survive on his own if the doomsday preppers are right on target.

Lessons from Colorful Colorado

Boulder, by most accounts, is a nutty little berg of alt-left practitioners — heck, even The Denver Post calls the city “the little town nestled between the mountains and reality.”  And it’s that out of touch reality that has the state itself, caving to public relations pressures, sealing their reputation as anti-Second Amendment.

After the Aurora theater shooting, in a classic knee jerk reaction, Democratic Governor John Hickenlooper passed stricter gun laws, requiring background checks for private and online gun sales and an outright ban on magazines that hold more than 15 rounds.

For a state with a pioneer tradition of gun ownership and self-reliance, the future of gun sales, gun ownership, and firearm related industries seems locked in the crosshairs.  One such business, Magpul Industries, designer and manufacturer of high-tech polymer and composite firearms accessories, was forced out as the 2013 laws made many of their products illegal.

Magpul, owned by a former Marine, is now located in Wyoming and Texas and is the exclusive provider for the magazines carried into combat by Marines.  But that’s a lucrative piece of business that is now outlawed in Colorado.  The economic loss is still taking a toll — Magpul employed 200 Coloradans directly and supported 400 supply-chain jobs. It contributed an estimated $80 to $85 million annually to economy of the state.

But who cares?  Not the good people of Boulder.

There will be consequences, and now is the time to join the voices of patriots across this great nation who have no doubt a complete confiscation of firearms is the agenda for the left.  As Daniel Webster,  the leading constitutional scholar of his generation advised:

“Hold on, my friends, to the Constitution and to the Republic for which it stands. Miracles do not cluster, and what has happened once in 6,000 years, may not happen again. Hold on to the Constitution, because if the American Constitution should fail, there will be anarchy throughout the world.”

 

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