Colorado Politics

Federal judge to await SCOTUS decision before addressing Boulder County firearm ordinances

A federal judge agreed on Friday that she would await the U.S. Supreme Court’s decision in an upcoming Second Amendment case before she addresses the constitutionality of similar gun ordinances in multiple Boulder County jurisdictions.

Rocky Mountain Gun Owners, the National Association for Gun Rights, and several individual Coloradans filed suit in 2022 over local firearms ordinances that generally prohibited the sale, transfer, and possession of large-capacity magazines and semi-automatic guns deemed “assault weapons,” with some variation. As defendants, they named the town of Superior, the cities of Louisville and Boulder, and Boulder County.

In July 2025, U.S. District Court Judge Nina Y. Wang clarified which claims could proceed against which defendants, dividing the claims into the current and future possession of assault weapons and the current and future possession of large-capacity magazines. Both sides then moved to end the case in their favor without a trial under the Supreme Court’s recently created standard applicable specifically to gun rights challenges.

Then, as the motions were pending before Wang, the Supreme Court announced that it will decide whether the U.S. Constitution guarantees “the right to possess AR-15 platform and similar semiautomatic rifles.”

The plaintiffs asked Wang, a Joe Biden appointee, to put the proceedings on pause until the Supreme Court could decide that case, Viramontes v. Cook County out of Illinois.

“The Supreme Court’s resolution of this Question Presented will resolve nearly all issues before the Court in this case. A stay will conserve judicial and party resources, prevent potentially inconsistent rulings, and allow this Court to apply the Supreme Court’s forthcoming authoritative guidance,” wrote the plaintiffs’ attorneys.

The local government defendants asked Wang to forge ahead and issue a decision in the four-year-old case.

“Courts across the country are continuing to resolve challenges to restrictions on assault weapons and LCMs (large-capacity magazines),” wrote attorneys for the defendants. “It is not clear that the Supreme Court’s decision in Viramontes (expected in the summer of 2027) will dispose of the claims in this case. And if this case is stayed, Defendants will likely have to wait at least another year before they can receive a ruling from this Court on the constitutionality of their challenged assault weapon and LCM restrictions.”

In an Aug. 28 order, Wang sided with the plaintiffs.

“The Court agrees that all the considerations identified by Defendants are important and present here. This case has been pending since 2022,” she wrote. “Defendants stayed enforcement of their Ordinances nearly four years ago and, understandably, want a resolution so that they can make informed governance decisions. The Court also appreciates that the issues in this case do not align perfectly with the question presented in Viramontes.”

Yet, even though the “nuances” of the defendants’ ordinances might not be fully covered in the Supreme Court’s eventual decision, Wang believed the court would resolve “a substantial portion” of the constitutional issues.

“Defendants’, and their residents’, interest in finality will not be served by the Court issuing a decision on the merits now,” she concluded.

Wang closed the case.

The case is Rocky Mountain Gun Owners et al. v. Town of Superior et al.


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