Case Summary

Residents of Boulder face heavy fines and jail time for the mere possession of firearms that are legal throughout Colorado and the United States. The city of Boulder imposed a sweeping ban of the most popular and widely-owned firearms and magazines in America. In a blatant act of discrimination against a political minority, the city council also unconstitutionally raised the minimum age for firearm possession in Boulder city limits to twenty-one.

Case History

Jon Caldara, a well-known, pillar of the community; the Boulder Rifle Club, which has been in existence since 1889; Bison Tactical, a small business in Boulder city limits; and Tyler Faye, a member of the University of Colorado Shooting Team, all seek to defend their rights and the rights of their fellow Boulder residents against the illegal, unconstitutional, and discriminatory actions of the City of Boulder.

Under the new ordinance, existing owners of the banned weapons would be allowed to keep their firearms, but only if they agreed to register with the local police department.

Boulder resident Jon Caldera, who owns one or more of the guns banned under the new ordinance, is a plaintiff in the lawsuit seeking to have the ordinance overturned.

“I have lived in Boulder since 1984,” Mr. Caldera said. “I believe we need to hold Boulder to its own standards in celebrating diversity and tolerance.”

“This is hate,” Mr. Caldera added, speaking of the city council’s view toward gun owners. “These are elitists who want people like me out of their town.”

The new Boulder ordinance bans many rifles, shotguns, pistols, and standard-capacity magazines, as well as raising the minimum age for firearm possession within city limits.

Boulder residents may be subject to up to $1,000 in fines and 90 days in jail per violation.

The ordinance passed by unanimous vote despite an overwhelming number of public comments, telephone calls, and emails expressing concerns with and opposition. Mountain States Legal Foundation fighting on behalf of Mr. Caldera and other Boulder residents to overturn the unconstitutional ban.

Case Documents
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