Colorado Politics

Colorado gun rights group seeks TRO against new law banning gun purchase by people under 21

A gun rights group on Thursday filed a temporary restraining order to stop a new state law that bans the purchase of firearms by those under the age of 21 from going into effect on Aug. 7.

The new law was one of five major gun bills Democrats in the legislature successfully pushed for this year. The others ban ghost guns, establish a three-day waiting period for purchasing firearms, expand the state’s extreme risk protection law – popularly known as the “red flag” law – and repeal the state law that barred gun victims from suing gun manufacturers and dealers. 

“We are disappointed it has come to this, but we won’t give up fighting for our most vulnerable neighbors,” Taylor Rhodes, executive director of the Rocky Mountain Gun Owners, said in a statement. “It is critical to ensure Colorado’s latest gun control scheme never sees the light of day and never affects any peaceable adult.”

“We are filing this TRO to accomplish just that,” Rhodes said.

In its motion, the group argued that, among other things, it would suffer “irreparable harm” in the absence of the temporary relief, adding that the loss of constitutional freedoms for even a short time constitutes irreparable injury.

The judge gave the Polis administration – the group had sued the governor in his official capacity – until noon Monday to respond.

Senate Bill 23-169 raises the age limit for purchasing firearms to age 21. As amended, the law allows those under the age of 21 to possess firearms if they are active-duty military or enrolled in the Colorado Parks and Wildlife hunter education course for young people, which is open to those as young as 10 years old. Exceptions also apply for individuals under 21 who engage in shooting or target sports, as well as for individuals who need firearms to defend livestock against predators.

That law doesn’t ban the possession of firearms by those under 21 under a carefully-crafted compromise by some of the bill’s sponsors.

Rocky Mountain Gun Owners had immediately challenged both SB 169 and House Bill 1219, the law prescribing a three-day waiting period for firearm delivery, in U.S. District Court, claiming the three-day waiting period violates the constitution and SB 169 denies an adult’s right to purchase and possess guns.

The group had filed a preliminary injunction against the law in June, but the court has yet to rule on that motion. 

Democrats earlier touted the new law, saying it would reduce gun violence.  

In a statement, House Majority Leader Monica Duran, D-Wheat Ridge, said: “As a survivor of gun intimidation, I am relieved that Colorado law now requires all gun purchasers to be at least 21 years old, which will help reduce senseless gun violence and make our communities safer. With this new law going into effect, we can save countless lives from preventable firearm-related injuries or death and improve public safety.”

FILE PHOTO: Audience members look on while Rocky Mountain Gun Owners founder Dudley Brown speaks during the second morning session of speakers at the Western Conservative Summit on Friday at the Bellco Theatre in the Colorado Convention Center in Denver.
Timothy Hurst/The Denver Gazette

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