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Gov. Jared Polis signs Senate Bill 169 into law on April 28, 2023, which raises the minimum age to 21 to purchase firearms, and makes it illegal to sell a gun to someone younger than 21. (Olivia Sun, The Colorado Sun via Report for America)
A federal judge on Monday temporarily blocked enforcement of Colorado’s new law raising the age to purchase all firearms to 21, a blow to Democrats who passed a major slate of gun control measures this year.
The law was set to go into effect on Tuesday.
The ruling was issued by Chief U.S. District Judge Phillip A. Brimmer in a lawsuit filed against Gov. Jared Polis by Rocky Mountain Gun Owners, a hard-line gun rights group based in Colorado.
Brimmer wrote that the governor’s lawyers hadn’t adequately argued that the Second Amendment lets states restrict firearm purchases for people between the ages of 18 and 20.
“Thus, the court finds that the individual plaintiffs have shown a likelihood of success on the merits on the question of whether the Second Amendment applies to 18- to 20-year-olds,” Brimmer wrote in a 44-page ruling issuing a temporary restraining order.
RMGO celebrated the decision.
“This STOPS the enforcement of this blatantly unconstitutional law!” the group posted on Twitter.
Polis’ office didn’t immediately return a message seeking comment.
The law was set to go into effect 91 days after the end of the 2023 legislative session in Colorado, which ended May 8. There has been debate about whether that meant Monday or Tuesday. The governor’s office said Tuesday, and Brimmer based the timing of his decision on that determination.
Senate Bill 169, passed by Democrats in the legislature this year and signed into law by Polis, raised the minimum age to purchase any firearm in Colorado to 21. The new law also makes it illegal to sell any gun to someone younger than 21.
It was already illegal under federal law for people under 21 to purchase handguns.
The new law made it a Class 2 misdemeanor to buy a gun if you are younger than 21 or for a private dealer to sell a firearm to someone who is younger than 21. Licensed dealers who sell to someone younger than 21 could be charged with a Class 1 misdemeanor.
The law has exceptions for members of the military and law enforcement.
The temporary restraining order on Senate Bill 169 will remain in effect until RMGO’s federal lawsuit challenging the law is resolved, Brimmer wrote. Federal lawsuits can take years to resolve.
Brimmer on Monday rejected a request from RMGO to block enforcement of another gun control measure passed by Democrats in the legislature this year and signed by Polis: House Bill 1219, which imposes a three-day waiting period on all Colorado gun purchases.
Brimmer found that RMGO hasn’t shown they have standing in the case.
House Bill 1219 goes into effect on Oct. 1.
Two other gun laws passed by the legislature this year do not currently face legal challenges. Senate Bill 168 rolled back the state’s extra protections for gun and ammunition manufacturers and sellers against lawsuits while Senate Bill 170 expanded Colorado’s red flag law, which allows judges to order the temporary seizure of guns from people deemed a significant risk to themselves or others.
This is a developing story that will be updates.
The Colorado Sun — [email protected] Desk: 720-432-2229 Jesse Paul is a political reporter and editor at The Colorado Sun, covering the state legislature, Congress and local politics. He is the author of The Unaffiliated newsletter and also occasionally fills in on breaking... More by Jesse Paul
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