A U.S. District Court judge on Friday issued the Rocky Mountain Gun Owners a temporary restraining order preventing the town of Superior from enforcing its recently enacted ordinance against certain types of assault weapons.
The ordinance, passed in June, also limits the possession and discharge of firearms, the possession and sale of illegal weapons, and the carrying of concealed weapons.
In a statement released on social media Friday, the RMGO Executive Director Taylor Rhodes called the temporary restraining order “a massive win for gun rights in the State of Colorado.” The gun ownership group is also suing the town.
“Today the judge affirmed what we already knew to be true, under the Second Amendment and the Bruen ruling, the Town of Superior doesn’t have a leg to stand on,” Rhodes’ statement continued.
The U.S. Supreme Court’s Bruen ruling in June overturned a New York State law requiring that gun owners show “proper cause” to get a license to carry a concealed firearm in public.
Although the district court found the “balance of harm and the public interest” was in favor of denying the restraining order, stating “the government has a substantial interest in protecting the public in general, and in this case it has apparently sought to do so by ensuring that anyone who openly carries a weapon in the Town of Superior does so only having received the appropriate license,” Judge Raymond Moore granted the restraining order due to the gun owner group establishing “a likelihood of prevailing on the merits” of their case against the town.
The court noted several additional standards the group’s motion did not meet, denying and deferring additional parts of their request, with a preliminary injunction hearing set for Aug. 4 in Denver.
With litigation pending, Superior officials were unable to comment. The next town Board of Trustees meeting is scheduled for Monday evening, with an executive session on the agenda.
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