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CALDARA v. CITY OF BOULDER

No. 18-1421.

955 F.3d 1175 (2020)

Jon C. CALDARA; Boulder Rifle Club, Inc.; General Commerce, LLC; Tyler Faye; Mark Ringer, Plaintiffs-Appellants, v. CITY OF BOULDER; Jane S. Brautigam, in her official capacity as City Manager of the City of Boulder; Gregory Testa, in his official capacity as Chief of Police of the City of Boulder; and John Does 1-10, Defendants-Appellees, Aaron Brockett, in his official capacity as Mayor Pro Tem of the City of Boulder; Cynthia A. Carlisle, in her official capacity as Boulder City Council Member; Jill Adler Grano, in her official capacity as Boulder City Council Member; and John Does 1-10; Suzanne Jones, in her official capacity of Mayor of the City of Boulder; Lisa Morzel, in her official capacity of Boulder City Council Member; Mirabai Kuk Nagle, in her official capacity as Boulder City Council Member; Samuel P. Weaver, in his official capacity as Boulder City Council Member; Robert Yates, in his official capacity as Boulder City Council Member; Mary D. Young, in her official capacity as Boulder City Council Member, Defendants.

United States Court of Appeals, Tenth Circuit.

April 10, 2020.

Attorney(s) appearing for the Case

Cody J. Wisniewski , Mountain States Legal Foundation ( Zhonette M. Brown , Mountain States Legal Foundation, with him on the briefs), Lakewood, Colorado, for Plaintiffs-Appellants.

Robert Reeves Anderson , Arnold & Porter Kaye Scholer, Denver, Colorado ( Timothy R. MacDonald , Evan M. Rothstein , and Patrick B. Hall , Arnold & Porter Kaye Scholer, Denver, Colorado; and Thomas A. Carr and Luis A. Toro , Boulder City Attorney's Office, Boulder, Colorado, with him on the brief), for Defendants-Appellees.

Before HARTZ, SEYMOUR, and MATHESON, Circuit Judges.

Plaintiffs are citizens of the City of Boulder and entities with various interests in the sale or possession of firearms within the city. They filed suit against the City of Boulder and several of its officials, alleging that Boulder City Ordinances 8245 and 8259 violate the U.S. Constitution, the Colorado State Constitution...

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