Boulder Residents Remain in Purgatory After SCOTUS Declines to Hear Stalled Case

DENVER – November 16, 2020 ­– Today, the United States Supreme Court denied Mountain States Legal Foundation’s (MSLF) petition for review on behalf of its clients in Caldara v. City of Boulder—but this fight is far from over.

The case challenges Boulder, Colorado’s unconstitutional firearm ordinances, which introduced a slew of new gun control measures and restrictions that infringe on the rights of all firearm owners within Boulder city limits.

In 2018, the Boulder city council passed several ordinances that prohibit the sale and/or possession of a wide variety of commonly owned firearms and magazines. In addition, Boulder raised the minimum age of firearm ownership to 21, effectively annulling the Second Amendment protected rights of adults under 21.

As a result, Boulder residents face heavy fines and jail time for merely possessing firearms that are common elsewhere. The banned weapons include a wide range of semi-automatic rifles, shotguns, and pistols, as well as standard-capacity magazines.

Instead of reviewing the case, the federal district court put the case on hold, stating the state of Colorado should first decide whether the City of Boulder had the authority to even enact the ordinances.

MSLF argued strongly that the federal courts must exercise jurisdiction over this issue without awaiting a determination from the state courts. MSLF formally petitioned the Supreme Court in September of this year, asking the high court to review this case because the rights at issue are simply too important to delay review in the federal courts while the case slowly unfolds at the state level.

The Supreme Court’s decision not to take the case does not, however, mark an end of the litigation. The federal district court’s decision stands, so the Colorado state courts still must evaluate Boulder’s underlying authority to enact the ordinances in the first place.

“Although we were hopeful the Supreme Court would take up this issue to prevent the prolonged violation of Boulder residents’ Second Amendment protected rights, this case is far from over,” said Cody J. Wisniewski, lead counsel and Director of MSLF’s Center to Keep and Bear Arms. “We are currently evaluating our next steps, but you can be certain that we will not stand by while Boulder unconstitutionally infringes upon the rights of law-abiding Americans.”

Mountain States Legal Foundation’s newly founded Center to Keep and Bear Arms is dedicated to defending Americans’ Second Amendment protected rights in the face of unconstitutional government overreach.