Court Stops Colorado Gun Law Raising Purchase Age to 21

This article was first published by TheNewAmerican.com on Tuesday, August 8, 2023:  

On Monday U.S. District Court Chief Judge Philip Brimmer, a George Bush nominee, issued a temporary restraining order (TRO) against Colorado Governor Jared Polis and his officials, keeping them from enforcing the state’s new law raising the age one may purchase a firearm from 18 to 21.

Rocky Mountain Gun Owners (RMGO) Executive Director Taylor Rhodes said, as noted by The Center Square,

Since the day this legislation was introduced, we knew it was unconstitutional.

Under the Golden 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. But it doesn’t stop here. We won’t stop fighting until every single unconstitutional anti-gun law is struck down.

Clarification is desperately needed here. A TRO is not a ruling, it is merely a pause in the action. It prohibits state officials from enforcing the law while it is being adjudicated.

And the TRO only relates to the two individuals named as plaintiffs in the lawsuit, and not RMGO or its members. As Judge Brimmer wrote, “The Court finds that the individual Plaintiffs have shown a likelihood of success on the merits on the question of whether the Second Amendment applies to 18-to-20-year-olds.”

Brimmer added:

The court agrees with the individual plaintiffs that the Second Amendment includes the right to acquire firearms and, therefore, protects the individual plaintiffs’ proposed conduct.

But the judge noted that RMGO itself had established how it, or its members, would suffer injury from enforcement of the new law. Therefore, only the two individual plaintiffs in the lawsuit could seek, and obtain, the temporary restraining order.

There was a small victory. Attorneys defending the new law failed to show or provide any evidence from the founding era of the nation that a total prohibition on the sale of firearms to minors existed. And that is due to the ruling in Bruen by the Supreme Court last year making it much harder for gun laws to be enforced without judicial challenge.

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