Nucla ordinance requiring gun ownership could be challenged by Brady Center

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Earlier this month, the town of Nucla passed a rule requiring heads of households to own guns.

Nucla isn't the first community to issue such an edict: It's following the lead of Nelson, Georgia, whose recently approved ordinance has already prompted a lawsuit from the Brady Center to Prevent Gun Violence (see the complete suit and ordinance below). And a Brady Center representative tells us the organization hasn't ruled out suing Nucla, too.

Says Jonathan Lowy, the director of the center's legal action project, "We're looking into and analyzing the Nucla ordinance to see if it's something we can get involved in."

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Some of the stunning scenery near Nucla, on Colorado's Western Slope.
According to the Montrose Press, the Nucla rule, which was approved by a 5-1 vote of the town's council, features text that almost duplicates the Nelson ordinance. The latter is a one-page document that portrays the requirement of household heads to own a firearm as a way to "provide for and protect the safety, security and general welfare of the city and its inhabitants."

The only individuals exempted from the regulation are otherwise qualifying individuals who "suffer a physical or mental disability which would prohibit them from using such a firearm," plus "paupers" (those who can't afford a gat, presumably), former felons, and individuals who "conscientiously oppose maintaining firearms as a result of beliefs or religious doctrine" -- language that recalls common parlance related to the Vietnam-era military draft.

The sole Nucla official to vote against the ordinance reportedly did so because he found it to be merely symbolic, as well as unenforceable. But it still troubles the Brady Center's Lowy.

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Jonathan Lowy.
"We believe it's unconstitutional to require people to buy firearms and bring them into their home," Lowy says. "Just as there is a constitutional right under Supreme Court rulings for law-abiding, responsible citizens to have a gun in their home if they choose, there's also a right for law-abiding, responsible citizens to choose not to have a firearm in their home."

Continue for more of our interview with the Brady Center's Jonathan Lowy, plus the complete ordinance and lawsuit.


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26 comments
ssgmarkcr
ssgmarkcr

This seems to be an ordinance encouraging those who wish to keep a gun in their home. There are exceptions which allow those to opt out of the law. It seems to be largely a symbolic move much like laws which declared a jurisdiction a nuclear free zone back in the 80's.

Monkey
Monkey

Seems better than banning guns, or their standard magazines. At least they allow exceptions for "individuals who conscientiously oppose maintaining firearms as a result of beliefs". I don't believe standard magazines should be banned, but I'm not exempt from those laws because of personal beliefs.

Chad Hill
Chad Hill

Lol, didn't even know there was a Nucla, Colorado. Really don't like invasive Brady laws so give it the good fight Nucla.

D.j. Horton
D.j. Horton

There isn't a single household in that town that doesn't already own a gun. Have you been there?

Chad Hill
Chad Hill

Should be a choice, not a requirement.

Deborah Watts
Deborah Watts

HOW STUPID NUCLA and CORRUPT and NEGLIGENT COLORADO!

Tony Gross
Tony Gross

Catron County in NM has a similar law that has been inlace for 10+ years.

Deborah Watts
Deborah Watts

MAKE SURE to allow my abusive husband a gun! The one that BRAGS Boulder Sheriff Pelle IS his Uncle. Then threatens his abused wife, saying he can make one call and have me and or my friends buried in the desert. AND he has seen the dead bodies in the trunk of his Drug dealing GANG friends!

Tony Gross
Tony Gross

Maybe our friends at Outdoor Channel will reinstate their ridiculous boycott of Colorado with this law in Nucla.

Stephan Reuchlein
Stephan Reuchlein

This law makes it a point that their rights cannot be taken AWAY.

Rich Madison
Rich Madison

Gun ownership and training should be encouraged - not required.

Louis Lieb
Louis Lieb

It's nothing more than political theater.

Juan_Leg
Juan_Leg

The 'Law' is life's game of chess .

The difference being the winner is a bigger & better liar ....

DonkeyHotay
DonkeyHotay topcommenter

@Deborah Watts ... do promises of "Love ... until death do us part" expire?

michael.roberts
michael.roberts moderator editortopcommenter

@Chad Hill Nucla's in a beautiful part of the state, Chad. Thanks.

michael.roberts
michael.roberts moderator editortopcommenter

@Tony Gross Hadn't heard that. Thanks for the post, Tony.

fishingblues
fishingblues topcommenter

@Deborah Watts Golly Deb, guns aren't your problem.  Do you really need someone to explain it to you?  

DonkeyHotay
DonkeyHotay topcommenter

@Rob Shander ... or a country where any male 12 - 80 carries an AK-47 ... like Somalia, Sudan, Afghanistan, etc.


DonkeyHotay
DonkeyHotay topcommenter

@michael.roberts ... filled with Rednecks who like to slaughter prairie dogs with high caliber rifles.

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