10th Circuit Court Issues Restraining Order STOPPING Superior, CO’s Weapon & Mag Ban

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U.S.A.-(AmmoLand.com)-— A United States District  Court for the District of Colorado has issued a Temporary Restraining Order (TRO) against the Town of Superior to prevent enforcement of their recent “assault weapon” and magazine ban, based on the Supreme Court ruling in NYSR&PA v. Bruen.  This appears to be the first of many pending cases likely to knock down laws which infringe on the exercise of Second Amendment rights under the Bruen decision.

The lawsuit was filed on July 7, 2022. The TRO was issued on July 22, 2022.

Superior, Colorado, is a town of about 13 thousand located on highway 36 between Denver and Boulder, Colorado. The outskirts of Boulder are about three miles northwest, beyond the outskirts of Superior. Superior appears to be a trendy, upscale bedroom community serving Boulder and Denver. The average home price is said to be $570k.

Judge Moore was appointed by President Obama in 2013 unanimously. The judge took the challenge by the Plaintiffs (the Rocky Mountain Gun Owners, National Association for Gun Rights, and Charles Bradly Walker) to apply to three provisions of the ordinance enacted by the Town of Superior, sections 10-9-40, 10-9-240, and 10-9-260.

From the Court TRO:

In its effort to rule on the Motion, the Court has faced two significant challenges. It is not entirely clear to the Court, based on Plaintiffs’ Motion, which precise provisions of the Amended Code they wish to challenge. The Court also notes, however, that the Amended Code is not, itself, a model of clarity. Nevertheless, based on the Motion, it appears to the Court that Plaintiffs primarily challenge three of the Amended Code’s provisions—section 10-9-40, section 10-9-240, and section 10-9-260.

The ordinance contains a laundry list of leftist talking points and dubious statistical arguments put forward by opponents of the Second Amendment.

They are, essentially, policy balancing arguments ruled inapplicable to the Second Amendment by the Constitution, specifically in the Bruen decision.  Bruen states the policy balancing arguments were decided by the people at the time the Second Amendment was adopted. Judge Moore, instead, uses the historical and cultural approach demanded by Bruen. From the TRO:

The Court is sympathetic to the Town’s stated reasoning. However, the Court is unaware of historical precedent that would permit a governmental entity to entirely ban a type of weapon that is commonly used by law-abiding citizens for lawful purposes, whether in an individual’s home or in public. 

The Court also notes that the Town’s justifications are somewhat undermined by the other subsections of this very provision. Specifically, subsection (b)(1) provides that “[a]ny person holding a valid federal firearms license from possession of any firearm authorized pursuant to such license” will not be subject to the prohibition of 10-9-40. The following subsection, (b)(2) likewise exempts any “firearm for which the U.S. Government has issued a stamp or permit pursuant to the National Firearms Act.” The National Firearms Act, referenced in the latter subsection, provides for permitting such firearms as short-barreled shotguns and rifles, machineguns, and silencers. Each of those weapons is arguably even more deadly than the semi-automatic weapons that the Town of Superior seeks to ban, yet these provisions would permit individuals to possess, sell, or otherwise transfer them.

In section 10-90-240, the town requires a certificate for possession of already owned weapons and restrictions on the carry and use of such weapons. The Court issued a TRO against this provision as well:

 As previously discussed, the Court concludes that the Second Amendment encompasses the conduct addressed by this provision. And, also as previously discussed, the Court is unaware of a historical precedent that would permit the Town of Superior to impose such a regulation that would, in reality, eventually ban all assault weapons. Therefore, despite the Town of Superior’s substantial and legitimate concerns, the Court concludes that Plaintiffs are likely to prevail on the merits of their claim as to this provision.

The Court refused to issue a TRO against the part of the ordinance which prohibits the open carry of firearms.  In part, the court reasoned the bearing of arms is not banned if the person has a concealed carry permit.  The court did not address the problems with banning open carry of arms that are difficult to conceal, such as rifles and shotguns, nor did it discuss the large number of places where the town bans any carry of firearms.

Several provisions of the Town of Superior ordinance were not addressed in the TRO filed against the town. They may be addressed when the case goes to appeal or trial. The items listed below were not specifically addressed in the lawsuit. They may be included in later filings.

  • The carry of firearms at “demonstrations” is prohibited.  A demonstration is defined as one or more persons whose conduct is intended to draw a crowd of onlookers. This violates First Amendment rights, as open carry is symbolic, strong, protected, and political speech.
  • Waiting period: The town imposes a 10-day waiting period for the transfer of firearms.
  • Ban on homemade firearms unless a serial number is on record with a Federal Firearms License holder. Section 10-9-290  includes this noxious bit eliminating the right to make firearms without government records:
    •  No person shall possess any firearms that have not been identified with a serial number by a federal licensee. 

There are exceptions for firearms made before 1968, but none for homemade firearms.

This TRO is a good start to rescinding the multitudes of laws infringing on Second Amendment rights which are enforced in scattered jurisdictions covered by the United States Constitution.


  • About Dean Weingarten:
  • Dean Weingarten has been a peace officer, a military officer, was on the University of Wisconsin Pistol Team for four years, and was first certified to teach firearms safety in 1973. He taught the Arizona concealed carry course for fifteen years until the goal of Constitutional Carry was attained. He has degrees in meteorology and mining engineering, and retired from the Department of Defense after a 30 year career in Army Research, Development, Testing, and Evaluation.
  • Dean Weingarten
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Rodoeo

The Californians have ruined this once great state… after only 3 years here the next stop for me is Laramie, WY.

Boom

What about Arkansas?

Rodoeo

I moved to CO from Georgetown, TX and am from Louisiana. I’m not moving back to the south. It’s mountain air for me from now on, only problem is Californians love mountain air too. They just hate red states, or at least the poor areas in red states. Teton county, WY is full of them.

Boom

May I ask what part of Louisiana you’re from? North, south, etc?

Ope

You moved from TEXAS to Colorado because you like mountain air? Say what? There are many red states with mountain air, but you go to Colorado for mountain air?

Rodoeo

Yeah it was work related…not much of choice. Boom – -I’m from south Louisiana, Lafayette area.

Boom

Lafayette’s my home town. A great place. There’s no place like it.. Im further north now…it’s a whole other world…better terrain though.

Rodoeo

I very much miss the food family, and the people.. the weather not so much :). I miss a good oyster or shrimp poboy from time to time no doubt. It was either ocean or mountains and I’ve always wanted to hunt elk and sheep with a local tag so.. here I am. Just need to move one state up from this place…

Last edited 26 days ago by Rodoeo
Boom

Haha, yeah… I like elk too. They’re my favorite animal. I cant stand when ppl refer to deer as big game hunting…that’s medium game, dumdums…

I dunno…the weather’s not so bad, if you don’t mind the searing heat, and drowning humidity… Hurricanes, meh…

Yeah, there’s just something about that gulf water… There’s no better seafood any where in the world…. That’s a fact.

Russn8r

True. How’s it looking to bounce that POS RINO traitor Bill Cassidy in 2026?

Boom

Oh don’t even get me started on that

Russn8r

🙂

WeWereWarned

Out West, our ancestors swacked the yankee cavalry scum, who tried to forever lower our quality of life by using identity politics to force a third world culture on us. Why move down to an area where you know certain groups are used to lower your rights. I can leave my 70k truck with 5-10k worth of guns and hunting equipment out in BFE and you got a purdy mouth, near one of the most violent reservations on the planet, and it is safer than in a good black or brown majority area. The reason is my rifle shot on… Read more »

Wild Bill

You wrote a lot that I would like to read more about.

Boom

I like alot of the stuff you say….

But otherwise, you’re so full of sheot .

WeWereWarned

I am telling you the facts of us Western folks, how is that wrong. You should grow up or gargle buckshot, if facts make you uncomfortable. A White person from the South is the equivalent of an Indian to us Western Native Americans, you are conquered people with a lower quality of life.

Wild Bill

I am sure that you are knowledgeable about the facts of Western folks, but not quite as conversant about the facts about life and people in the South since reconstruction.

Things are pretty good here and we often ignore the federal government’s mandates.

Boom

Lol. You’re not talking to some young punk that’s never been out of his area code. I’ve been in, and spent major time; ALL OVER this country…in juuust bout every state in the ‘union’…. I’ve been all over the world, in fact…. No, I know exactly what you are speaking from, and you are speaking as to some sort of fantasical perspective… BUT I KNOW THAT YOU DON’T LIVE IN AN EPISODE OF BREAKING BAD. STOP PRETENDING. Granted, I guess I don’t really know, what goes on in your region; just like YOU DONT really know what takes place in… Read more »

Rodoeo

You sound Lakota tribe…

Grizz

One kalifornian in particular.
The tribesman,married to a boy jared polis.
He hates agriculture and his boytoy hubbie is totally against anything involving cattle,chickens or pigs.
Which is funny because polis looks like a pig.
During the corona scam ,pig boy shut down everything except pot dispensaries and all the gay bars.
This state is fkd

Rodoeo

spot on brother

Boom

Did “Superior” not learn from the Aurora-hippytown fiasco?

Hazcat

Some good news. Thanks, Dean.

Ledesma

While the war slipped away, I remember how a huge part of the final US effort in Vietnam was exhausted by harking after weapons from south Vietnamese friendlies. And of course,”suspected” weapons. Exactly like Colorado liberals and their boot licking police officials are doing here in the middle of this national unsolved crime epidemic.

WeWereWarned

We are not in the middle of a national unsolved crime epidemic, that is partisan garbage. What is happening is like why we can’t deport the 40 million illegals. Thanks to the not so great generation and the boomers it is now White supremacist to not lower our areas and quality of life to the third world. AntiWhite riots and stop and frisk can’t be safely done in armed White areas, and that is what stops the state sanctioned minority violence, or what you called a crime epidemic. You do know that the left is allowing the chaos so that… Read more »

Boom

This part is not shit.

…..except for the “not so great” generation… It’s the boomers, and late boomers…is when it started…

Do you think we were on the wrong side in WW2, is that your reasoning?

Last edited 26 days ago by Boom
Russn8r

Whose kids were the boomers? Did they raise themselves?

Boom

Things happen from generation to generation. Remember “the” boomers, or at least some of the boomers are where the “counter culture” of the 60s came from…or maybe not ‘came from’, but were the presiding generation.

They are also who it was that was “in-charge” during the 80s & 90s ….now granted, I have been quoted as saying that the ’90s was the last great decade… I’m not talking down upon any of these things… But “change”, and ALOT of it, definitely happened from 1950-2000 … I don’t think anyone can debate that.

Last edited 26 days ago by Boom
Russn8r

Boomers were badly raised by “The Greatest Generation”, which also trusted the govt’s perpetual quagmire wars the Boomers were actually right to be pissed about, and did nothing to stop govt school systems becoming commie-union grooming camps. They are therefore partly responsible for what their spawn did to the USA.

Boom

What about those that chose to send their children to private schools?

Russn8r

Some of those kids are F’d up too, but private schools are clearly nowhere near as bad as government-commie-groomer-union schools.

Russn8r

Hi Boom. Quick FYI. It’s not me downvoting you. You’re not the first who’s downvoted merely for discussing anything with me.

Russn8r

LOL, OFFICER Ope-TEX immediately reversed his downvotes on you. You’re welcome!

Rob J

I’m curious, did the town of Superior take a verbatim anti-firearm/anti-rights legislative move out of the Jay Inslee/Bob Ferguson/WA Legislation play book, or did they take it out of Superior’s?

If one were to skim Dean’s article and look at the provisions not addressed, they would find recently enacted “laws” from here in Washington state that are in desperate need of challenge!

*edited for spelling

Last edited 26 days ago by Rob J