Colorado Politics

Colorado lawmakers eye gun grab with semiautomatic firearm ban bill | OPINION

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Mark Oliva



Some of Colorado’s lawmakers have gone off the deep end with their latest gun-grab proposal.

Several Colorado lawmakers took a bad idea floated by U.S. Sens. Martin Heinrich (D-New Mexico) and Angus King (I-Maine) in the last Congress. That was a bill they introduced titled the GOSAFE Act, or the Gas-Operated, Semi-Automatic Exclusions Act. They introduced it in the U.S. Senate as S. 3369 and it was such a terrible idea U.S. Rep. Lucy McBath (D-Georgia) introduced her own version in the U.S. House of Representatives as H.R. 8600. Those bills would have banned the sale of Modern Sporting Rifles (MSRs) and most other semiautomatic rifles. Fortunately, neither bill was even considered in their respective committees.

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These federal bills are openly defiant to the U.S. Supreme Court’s Heller decision that held that entire classes of firearms commonly used for lawful purposes cannot be banned from legal sale and possession by law-abiding citizens.

The millions of American citizens who constitute the pro-Second Amendment community know there is no path forward for legislation of this nature that would deprive law-abiding citizens the ability to lawfully possess the firearm of their choosing and the full spectrum of their Second Amendment rights. Depriving law-abiding citizens of their constitutional rights for the criminal acts of depraved individuals doesn’t make our communities safer.

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Those constitutional roadblocks apparently mean nothing to Colorado lawmakers. Just look at SB-3, introduced by state Sen. Julie Gonzales and state Rep. Meg Froelich. If those two names sound familiar regarding Colorado gun control, it’s because they demanded strict gun control last year. Sen. Gonzales introduced a ban on MSRs in Colorado last year, which failed. Two years ago, Rep. Froelich sponsored a bill Gov. Jared Polis signed into law that put in place a 3-day waiting period to take possession of a firearm legally purchased at retail even after the buyer passed a background check.

SB-3 would ban the manufacture, distribution, transfer or sale of a specified semiautomatic firearm. In particular, that’s any semiautomatic firearm that accepts a detachable magazine. With this bill, Colorado would say goodbye to MSR sales and most semiautomatic rifles. Semiautomatic handguns with detachable magazines — which comprise the overwhelming majority of handguns — would vanish. Shotguns with detachable magazines too. Privately manufactured firearms (PMFs) would be swept up as well. It would seem only bolt-action rifles, lever-action and break-action rifles and shotguns, pump shotguns and revolvers would make it through the Denver fog.

Of course, gun control critics would offer they are compromising and not infringing on the rights to keep and bear arms. After all, they’re not trying to ban possession of semiautomatic firearms that accept detachable magazines. It’s just making them, selling them and even privately transferring them. Get caught doing it the first time and it’s a Class 2 misdemeanor. Get caught doing it again — now it would be a Class 6 felony.

For good measure, the lawmakers threw in bonus features to the ban bill. It also includes “rapid-fire devices.” So, so long to bump stocks, binary triggers and forced reset triggers.

The problem with it all is the right to keep and bear arms begins with the ability to legally acquire the arms. When law-abiding Americans are barred from legally purchasing arms protected by the Second Amendment (which include commonly-owned and commonly-used MSRs to the tune of 30 million), this law runs into what the U.S. Supreme Court said in Heller. The late-Justice Antonin Scalia wrote in the majority opinion the Second Amendment “arms ‘in common use at the time’ for lawful purposes like self-defense” and arms that are “typically possessed by law-abiding citizens for lawful purposes.”

The kicker here is those “arms” are “chosen by American society.” Nothing in the decision said those arms are dictated by government.

These antics by lawmakers hellbent in infringing on Second Amendment rights, unfortunately, aren’t new. The legal wrangling that’s followed isn’t unique, either. What is prescient is the U.S. Supreme Court convened to consider two cases that challenge state MSR bans and standard capacity magazines — Snope v. Brown and Ocean State Tactical v. Rhode Island.

Colorado’s law-abiding firearm owners must stand up for their Second Amendment rights and tell lawmakers to vote “NO” on SB 3.

Mark Oliva is managing director of Public Affairs at the National Shooting Sports Foundation, the Firearm Industry Trade Association.

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