Federal judge temporarily blocks Colorado’s new law raising the age to purchase all guns to 21
The ruling was given by Chief U.S. district judge Phillip A. Brimmer, in a case filed by Rocky Mountain Gun Owners in Colorado.
A federal judge temporarily blocked the enforcement of Colorado’s new law that raises the age of purchase of all firearms to 21. This is a blow for Democrats who have passed a large slate of gun control legislation this year.
Tuesday was the day that the law would come into effect.
The ruling came from Chief U.S. district judge Phillip A. Brimmer, in response to a lawsuit brought against Governor. Rocky Mountain Gun Owners is a gun rights group based in Colorado that has backed Jared Polis.
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Brimmer wrote the lawyers for the governor hadn’t adequately argued the Second Amendment allows states to restrict gun purchases by people aged between 18 and 20.
Brimmer, in a 44 page ruling that issued a preliminary injunction, wrote: “The court finds that individual plaintiffs have demonstrated a likelihood on merits of success in the question whether the Second Amendment is applicable to 18-to-20-year-olds.”
RMGO celebrated this decision.
Taylor Rhodes (executive director of RMGO) said in a statement that “we knew this legislation was unconstitutional since the day it was introduced.” “We will not stop fighting until all anti-gun laws that are unconstitutional have been struck down.”
Conor Cahill said Senate Bill 169, a spokesman of Polis, closed a loophole
Polis said that he “hopes the courts will agree with him that our Second Amendment rights are fully compatible with the law.”
The law was to take effect 91-days after the conclusion of the Colorado legislative session for 2023, which ended on May 8, 2019. The debate has been whether this means Monday or Tuesday. Brimmer’s decision was based on the governor’s office’s determination that Tuesday is when he said it.
Senate Bill 169, a bill passed by Democrats and signed by Polis in this year’s legislative session, was introduced by Democrats. The minimum age for purchasing firearms in Colorado was raised to 21. It is now illegal to sell guns to anyone younger than 21.
The federal law prohibits people under the age of 21 from purchasing handguns. However, there is a court case pending to challenge this statute.
A private dealer selling a firearm to a person younger than 21 is a Class 2 misdemeanor. Dealers who sell firearms to anyone younger than 21 may be charged with Class 1 misdemeanor.
There are exceptions to the law for military personnel and members of law enforcement.
Brimmer, a federal judge nominated by President Bush, wrote that the preliminary injunction will continue to be in place until the federal lawsuit filed by RMGO against the law has been resolved. Federal lawsuits may take many years to be resolved.
The Governor’s Office argued that Senate Bill 169 is legal under the Second Amendment, because 18 to 20 year olds were minors at the time the amendment was passed and because laws were in place before the Civil War that limited minors’ access to firearms.
The bill was sponsored by state senator Kyle Mullica (D-Thornton), Majority Leader Monica Duran (D-Wheat Ridge) and Rep. Eliza Hamrick (D-Arapahoe County). They expressed their disappointment with Brimmer’s decision and said that they disagreed with his interpretation of the Constitution.
In a joint press release, they stated that “we are proud of the work we have done this year in passing several new laws which will reduce firearm fatalities and save lives.”
Brimmer rejected a Monday request from RMGO that would have blocked enforcement of a gun control measure, House Bill 1219. This bill was passed by Democrats this year in the Colorado legislature and signed by Polis. It imposes a 3-day waiting period for all Colorado gun sales.
Brimmer concluded that RMGO had not shown standing in the case.
House Bill 1219 becomes effective on October 1.
Two other gun laws that were passed this year by the legislature are not facing legal challenges. Senate Bill 168 rolledback the state’s additional protections for ammunition and gun manufacturers against lawsuits, while Senate Bill 170 extended Colorado’s Red Flag Law which allows judges the authority to temporarily seize guns from individuals deemed to be a risk to themselves and others.
