Another state-level proposal to limit the right of law-abiding citizens to own firearms has been struck down by the judicial branch.
Colorado lawmakers passed a bill intended to prevent anyone under the age of 21 from purchasing a gun and Democratic Gov. Jared Polis signed it into law. A gun-rights organization took the Polis administration to court, however, and U.S. District Court Chief Judge Philip A. Brimmer granted a preliminary injunction against the law on Monday, just as it was intended to go into effect.
LEGAL ALERT: Federal judge issues preliminary injunction against Colorado's under-21 gun ban. https://t.co/AOkaOX8Q0S pic.twitter.com/zyvjiZi0l2
— Firearms Policy Coalition (@gunpolicy) August 7, 2023
In May, a federal judge in Virginia reached a similar decision about a prohibition on gun sales to individuals under the age of 21.
In addition to its own interests, Rocky Mountain Gun Owners presented its case on behalf of two additional plaintiffs impacted by the Colorado law. Both men — Tate Mosgrove and Adrian S. Pineda — are between the ages of 18 and 21 and desired to purchase guns.
Referencing Mosgrove, the organization described him as “a citizen of Colorado” whose “present intention and desire” is to “lawfully purchase a firearm for lawful purposes, including self-defense in [his] home.”
Pineda also reportedly wished to purchase a firearm for the purpose of self-defense.
In the end, Brimmer cited a U.S. Supreme Court precedent set last year in the outcome of the New York State Rifle and Pistol Association v. Bruen.
That decision established that “the Constitutional presumptively protects” conduct covered by the “plain text” of the Second Amendment.
“The government must then justify its regulation by demonstrating that it is consistent with the Nation’s historical tradition of firearm regulation,” the ruling added. “Only then may a court conclude that the individual’s conduct falls outside the Second Amendment’s ‘unqualified command.’”
Using that standard as the basis for his decision, the judge approved the plaintiffs’ request for an injunction and halted enforcement of the law “effective immediately.”
RMGO President Dudley Brown made his organization’s case in a public statement earlier this year.
“The idea that an 18-year-old can vote, serve on a jury that could send someone to jail for life, sign contracts, own property, and even be drafted into our nation’s military, but not be able to purchase a basic hunting rifle is asinine,” he said. “Regardless of age, sex, race, religion, or creed, rights are rights and can’t be cherry-picked by bigoted politicians.”
