SCOTUS Declares Boulder's "Assault Weapons" Ban Challenge Premature, Second 2A Case Pending

The Supreme Court rejected the Mountain State Legal Foundation’s (MSLF) request to challenge Boulder County’s “assault weapons” ban. Although the ruling does not stop the challenge to the law, the plaintiffs must wait until Colorado State Supreme Court decides on the issue within the coming months.


Colorado’s Boulder city council banned the sale and possession of AR-15 style firearms in 2018 and raised the minimum age for gun purchases to 21. Boulder Rifle Club, General Commerce LLC, Tyler Faye, Mark Ringer, and Jon C. Caldara moved the court to challenge the ban. They argued that a local authority did not have the powers to enact such gun control measures.

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Although it is unclear how the justices voted on the issue, it is not a sign that the court is not ready to handle a Second Amendment case. This is because the ruling resulted from an existing precedent. However, many gun rights activists expected a positive sign from the court, at least for once.


Meanwhile, the court will consider another case, Caniglia v. Strom, by the end of the week. Although the suit involves firearms, it’s hardly a purely second amendment case. The case did not make it to the conference on Monday and will be rescheduled to the Friday session.


The issue at hand is the unprocedural confiscation of Caniglia’s firearms when the police paid him a wellness check visit after a domestic issue with his wife of 22 years. The plaintiff has been trying to recover his guns with little success since 2015.


Despite the latest setback, it’s still too early to determine if the court is still avoiding Second Amendment cases after the confirmation of justice Amy Coney Barrett.

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