Judge Says Gun Owners Must Prove Standing in Assault Weapons Ban Challenge

A federal judge in Colorado has decided that gun owners do not have legal standing in a case challenging assault weapons bans, potentially setting the stage for dismissal unless they can provide proof of their standing.

At a Glance

Judge Nina Wang ruled gun owners lack standing to challenge assault weapon bans in three Colorado municipalities.
The case involves ordinances in Superior, Louisville, and Boulder prohibiting certain firearms and magazines.
Plaintiffs, led by Rocky Mountain Gun Owners, failed to provide specific details about their firearms.
The judge has given plaintiffs until October 15 to explain why the case should not be dismissed.

Judge’s Ruling on Standing

In a significant development for gun rights litigation in Colorado, U.S. District Court Judge Nina Y. Wang has decided that gun owners lack legal standing to challenge assault weapon bans in three municipalities. The case, titled Rocky Mountain Gun Owners et al. v. The Town of Superior et al., involves ordinances enacted in Superior, Louisville, and Boulder that generally prohibit the sale, transfer, and possession of large-capacity magazines and semi-automatic firearms deemed “assault weapons.”

Federal judge poised to throw out gun owners' challenge to Boulder County 'assault weapons' ordinances https://t.co/IsqrJ5fHqR

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Plaintiffs’ Failure to Establish Standing

The plaintiffs, including Rocky Mountain Gun Owners, the National Association for Gun Rights, and five individual Coloradans, filed the lawsuit in 2022. They argued that the bans violated their Second Amendment rights by prohibiting commonly owned firearms and magazines used for lawful purposes. Additionally, they claimed the ordinances violated their Fourteenth Amendment rights by enforcing restrictions without due process.

“There are no factual allegations regarding what types of firearms and/or magazines each of the Individual Plaintiffs possesses; or what features the firearms and/or magazines have; or how long the Individual Plaintiffs have possessed them; or when each of the Individual Plaintiffs came into possession of them,” Wang wrote.

Next Steps and Implications

Judge Wang has not immediately dismissed the case, instead giving the plaintiffs until October 15 to explain why it should not be dismissed. This decision comes amidst a broader national debate on gun rights and regulations, particularly in light of the U.S. Supreme Court’s decision in New York State Rifle & Pistol Association, Inc. v. Bruen, which has led to numerous challenges to gun laws across the country.

The Boulder County regulations were enacted following a mass shooting at a Boulder King Soopers, highlighting the tension between public safety concerns and Second Amendment rights. Local lawmakers argue that these restrictions are necessary to reduce crime, particularly mass shootings, while gun rights advocates contend that the bans infringe upon their constitutional rights.

If the plaintiffs provide sufficient justification for their standing, Judge Wang will proceed to decide on the constitutional challenge. This case underscores the ongoing legal battles surrounding gun rights and regulations in the United States, with potential implications for similar cases across the country.