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Federal judge halts Colorado gun law

 August 8, 2023

Just hours before a new gun law was to be implemented, Chief Judge Philip A. Brimmer of the U.S. District of Colorado issued a temporary restraining order against the state legislation, putting a halt to the measure that would raise the age for purchasing a firearm from 18 to 21.

The Colorado law, officially named SB23-169 and informally known as "the 18 to 20-year-old gun ban" law, faced a lawsuit from the Rocky Mountain Gun Owners (RMGO) organization, as Daily Wire reported.

Judge Brimmer's Opinion

RMGO had challenged the legislation on the grounds that it infringes on the constitutional rights of citizens to keep and bear arms.

Judge Brimmer, appointed by President George W. Bush, wrote in a detailed 44-page opinion that the gun owners' organization had made a strong case for an injunction.

The judge referenced a U.S. Supreme Court ruling from the last year, which invalidated long-standing restrictions in New York on concealed firearms as violative of Second and 14th Amendment rights.

Brimmer concluded that the plaintiffs were likely to succeed in their argument that the Second Amendment applies to 18- to 20-year-old individuals.

Background and Reactions

Colorado Democratic Governor Jared Polis and the state legislature signed several measures last spring designed to reform gun laws.

Their actions were initiated in response to a tragic shooting in Colorado Springs, in which a 22-year-old man killed five people and wounded many more.

SB23-169 specifically sought to ban individuals between 18 and 20 from purchasing firearms, with certain exemptions. However, RMGO swiftly filed a lawsuit challenging the law's constitutionality.

Taylor Rhodes, executive director of RMGO, declared in a news release that the group knew the legislation was unconstitutional from the moment it was introduced.

After the judge's ruling, he emphasized that the fight would continue against all unconstitutional anti-gun laws.

Meanwhile, Conor Cahill, a spokesman for Gov. Polis, expressed hope that the courts would eventually agree with the law's consistency with the Second Amendment, KDRV reported.

Polis' office statement reads, "Since 1968, federal law has required Coloradans to be 21 years old to purchase a pistol, but a loophole allowed kids under age 21 to legally buy a rifle instead.

It added, "This law closes that loophole, and the governor hopes that the courts agree with him that the law is fully consistent with our Second Amendment rights."

Supporters of the legislation, including Majority House Leader Democrat Monica Duran, argued that the law aimed to protect young people rather than criminalize responsible gun owners, as Fox 21 reported.

Local Concerns and Impact

Despite the intentions of the law's sponsors, gun shops and shooting ranges in Colorado have voiced concerns over its effect on their businesses and individual rights.

Kevin Day, a store manager at DCF Guns, noted that the law would remove the right of individuals under 21 to defend themselves with firearms, emphasizing the importance of continuing to educate the public on the topic.