Chief U.S. District Judge Philip Brimmer handed the win to gun rights advocates when he issued the preliminary injunction. Colorado had a new ban on purchasing firearms for young adults 18-20 years old.
Plaintiffs centered their complaint on two aspects of the new law. The first declared, “A person who is not a licensed gun dealer shall not make or facilitate the sale of a firearm to a person who is less than 21 years of age.”
The second said, “It is unlawful for a person who is less than 21 years of age to purchase a firearm.
Brimmer largely based his decision on last year’s monumental Supreme Court ruling in New York State Rifle and Pistol Association v. Bruen. He declared that banning these sales does not align with the historical tradition of the nation’s gun laws.
In RMGO v. Polis, Brimmer wrote, “The Court finds that the Governor has failed to meet his burden to demonstrate that SB23-169 is consistent with the Nation’s historical tradition of firearms regulation. For the purpose of obtaining a preliminary injunction, the Individual Plaintiffs have demonstrated a likelihood of success on the merits.”
The suit was brought by Rocky Mountain Gun Owners (RMGO) on its behalf and that of two private citizens. Both were over 18 but under 21 and wished to purchase a legal firearm for self-defense.
In ruling in their favor, Brimmer cited the standard established in Bruen. “When the Second Amendment’s plain text covers an individual’s conduct, the Constitution presumptively protects that conduct.” He followed by noting that it is the duty of the government to demonstrate that its regulation aligns with the U.S. tradition of gun control laws.
Much of the ruling was based on Brimmer’s interpretation of who “The People” are that are protected by the Second Amendment. Using precedents for his reasoning, the federal judge said the decision should start “with the assumption that every American is included.”
His injunction was effective immediately.
The lawsuit was part of a flurry of legal actions that resulted from the state’s years-long drive to restrict legal gun ownership out of existence. In the spring, Gov. Jared Polis (D) signed into law a package of four new bills. One was the age restriction on firearms sales that was just granted injunctive relief.
The new regulations created waiting periods for gun sales and expanded the categories of people permitted to file for an Extreme Risk Protection Order, or “red flag.”
And lawmakers repealed Colorado’s gun industry liability shield protecting manufacturers from lawsuits over crimes committed by third parties.
RMGO immediately filed a pair of lawsuits challenging the new restrictions. Executive Director Taylor Rhodes said he traveled the state assuring members that these laws would not go unchallenged.
“When a single mother is being harassed by a violent, abusive former partner, [political leaders] think it is fine to make her wait at least three days to defend herself and her baby. And if she is 20, these gun control fanatics insist she is completely defenseless.”
These age-based gun restrictions are increasingly being challenged across the nation. Successful suits have been brought in Minnesota, Tennessee and Texas, with federal judges ruling in each case that they are unconstitutional.
A Virginia judge also swept aside a ban on handgun sales to young adults under 21. Appeals courts thus far are divided on the issue.
RMGO’s Rhodes found cause to celebrate Monday’s injunction. “Since the day this legislation was introduced, we knew it was unconstitutional,” he said. “Under the Gold Dome, at the unveiling of this proposal, RMGO warned the bill sponsors this would quickly be struck down by a federal judge. Today, our crystal ball became a reality.”
