Court Ruling Stands: Colorado’s Firearm Purchase Age Law Maintained

Colorado’s controversial law raising the minimum age for firearm purchases to 21 has been upheld by the 10th Circuit Court of Appeals, overturning a previous injunction and reigniting the debate on gun rights versus public safety.

At a Glance

The 10th Circuit Court allowed Colorado’s SB23-169 to take effect, raising the firearm purchase age to 21.
The law includes exceptions for active-duty military, police officers, and family gifts.
Rocky Mountain Gun Owners plans to continue challenging the ruling, citing Second Amendment concerns.
The decision follows the Supreme Court’s 2022 ruling that changed the framework for evaluating gun regulations.

Court Overturns Injunction, Upholds Age Restriction

In a significant ruling, the 10th Circuit Court of Appeals in Denver has cleared the path for Colorado’s Senate Bill 169 to take effect. This law, signed by Democratic Governor Jared Polis in 2023, raises the minimum age for purchasing firearms to 21. The decision overturned a previous injunction issued by U.S. District Court Judge Philip Brimmer, who had initially blocked the law citing Second Amendment concerns for 18-to-20-year-olds.

The appeals court’s ruling allows the implementation of SB23-169, which creates a misdemeanor offense for selling guns to individuals under 21. However, the law includes notable exceptions for police officers, active-duty military personnel, and firearms gifted by family members. This nuanced approach aims to balance public safety concerns with constitutional rights and practical considerations for certain groups.

Legal Reasoning and Historical Context

The court’s decision hinged on several key points, including historical precedent and interpretation of the Second Amendment. Judge Carolyn B. McHugh, in her concurring opinion, provided historical context that supported the law’s constitutionality:

“Before 1900, at least twenty jurisdictions made it unlawful to sell handguns and other deadly weapons to minors under the age of twenty-one. Moreover, eighteen of these laws went further than the Colorado law by prohibiting all acquisitions, not just purchases.”

This historical evidence played a crucial role in the court’s determination that age restrictions on gun purchases do not violate the Second Amendment. The decision also follows the framework set by the Supreme Court’s 2022 ruling in New York State Rifle & Pistol Association, Inc. v. Bruen, which altered how gun regulations are evaluated constitutionally.

Reactions and Ongoing Debate

The ruling has elicited strong reactions from both gun safety advocates and Second Amendment supporters. Janet Carter, representing gun safety advocates, praised the decision:

“Not only are guns the leading cause of death for U.S. kids and teens, but research shows that 18-to-20-year-olds commit gun homicides at triple the rate of adults 21 years and older. Colorado’s law prohibiting individuals under the age of 21 from buying firearms is an essential tool for preventing gun violence, and today’s decision underscores that it’s also entirely constitutional. This result will save lives. We applaud it.”

On the other hand, Rocky Mountain Gun Owners, the organization that initially challenged the law, expressed disappointment and vowed to continue their legal fight:

“This law very clearly violates both the Second Amendment and the Supreme Court’s precedents, and we look forward to ultimately striking it off the books.”

The case has been remanded to a lower court for further proceedings, ensuring that the legal debate surrounding this contentious issue will continue. As Colorado implements this law, it joins a growing number of states grappling with balancing gun rights and public safety concerns in the wake of high-profile shootings and evolving judicial interpretations of the Second Amendment.