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Sunday, July 24, 2022

Bruen Bearing Fruit!

 Superior, Colorado adopted an assault weapons sale and transfer ban.  The federal court issued a TRO on enforcement while awaiting trial.  Now, what does this tell us?  

To obtain a TRO or injunctive relief in any other form a plaintiff must establish: “(1) a substantial likelihood of prevailing on the merits; (2) irreparable harm unless the injunction is issued; (3) that the threatened injury outweighs the harm that the preliminary injunction may cause the opposing party; and (4) that the injunction, if issued, will not adversely affect the public interest.” 

So, there is a strong possibility that at trial, Bruen's reading of the Second Amendment will overturn the ordinance.  We are not out of the woods yet, but when federal judges read a decision as giving our side the benefit of believing we have "substantial likelihood of prevailing on the merits," this is good news.

The judge who granted the TRO was appointed by Obama!

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