Colorado gun law blocking sales under age 21 to stay on hold

FILE – Firearms are displayed at a gun shop in Salem, Ore., Feb. 19, 2021.

by: Lanie Lee Cook

Posted: Aug 29, 2023 / 06:22 PM MDT

Updated: Aug 29, 2023 / 06:22 PM MDT

DENVER (KDVR) — Colorado’s new law blocking all gun sales to anyone under age 21 remains on hold while a legal challenge continues to play out in court.

Rocky Mountain Gun Owners argues the law is a Second Amendment violation and is challenging its constitutionality in federal court.

A judge already blocked the gun-buying restrictions from going into effect in August while the court case plays out. Gov. Jared Polis asked the 10th Circuit Court of Appeals to block that ruling, but the court declined.

“Today, two Obama-appointed judges agreed with us that our plaintiffs do have standing and that our likelihood of success on the merits is strong,” Taylor Rhodes, executive director of Rocky Mountain Gun Owners, said in part in a statement.

For now, the law will remain blocked until the case is heard in court.

While federal law requires buyers to be at least 21 years old to buy a handgun, Coloradans under age 21 can still buy rifles. If upheld, Senate Bill 23-169 would block all gun sales to anyone in Colorado under age 21.

A spokesperson for Polis’ office released a statement after the Tuesday ruling.

“People will remain very confused because of this injunction because since 1968, federal law has required Coloradans to be 21 years old to purchase a pistol, but a loophole allows kids under age 21 to legally buy a rifle instead. This new law approved by the legislature closes that loophole and Governor Polis hopes that the courts agree with him that the law is fully consistent with the Second Amendment and reduces confusion. The Governor is working towards his goal of making Colorado one of the ten safest states in the country and the same age requirements for pistols and rifles would help support responsible gun ownership.”

The Rocky Mountain Gun Owners lawsuit names two Coloradans plaintiffs in the case, each older than 18 but younger than 21 and who said they want to buy a gun for self-defense.

The gun group’s arguments have hinged on the 2022 U.S. Supreme Court decision in New York State Rifle & Pistol Association v. Bruen.

In that case, the court ruled Americans have a right to carry guns in public for self-defense. The case also set a standard that courts must look at history to decide the constitutionality of gun laws.