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Posted on 08/08/2023 6:51:20 AM PDT by Twotone
A federal Judge in Colorado blocked a gun control law that limits the sales of firearms to people 21 and older, holding that it ran afoul of recent Supreme Court precedent.
Phillip Brimmer, chief judge for the U.S. District of Colorado, ruled Monday in favor of a firearms advocacy group that sued in order to block the law known as Senate Bill 169. While the law took effect Monday, the judge blocked it from enforcement, ruling it fails the test established in the Supreme Court's 2022 decision Bruen v. New York Rifle & Pistol Association.
Overall, voters are slightly torn when asked if they support stricter gun laws.
The gun rights group that sued, Rocky Mountain Gun Owners, challenged the age limit law and another measure that would create a waiting period for all firearm purchases in the state. Brimmer has not yet ruled on the waiting period measure, which is scheduled to take effect in October.
"Bruen stated that the Court has 'made clear that individual rights enumerated in the Bill of Rights and made applicable against the States through the Fourteenth Amendment have the same scope as against the Federal Government,'" Brimmer wrote in his 44-page order.
Brimmer wrote that it's still an "open question" as to how courts should weight the historical understanding of the Second Amendment at the time that the 14th was adopted, but the state failed to provide evidence that at any point in the founding era that a total ban on sales of guns to firearms was "consistent with the right to bear arms."
Earlier this year, Democrats in the state legislature passed a series of new gun control legislation, including regulations on so-called ghost guns and widening the scope of who can file extreme risk protection orders under already existing red flag laws.
Taylor Rhodes, executive director of the group, vowed in January to file suits over any laws RMGO sees as a violation of Second Amendment rights, especially following the sweeping scrutiny against gun control measures in lower courts following the Bruen decision.
"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," Rhodes said in a statement.
Named as plaintiffs are two Colorado residents older than 18 but younger than 21 who said they wanted to own a gun for self-defense.
The age restriction law made it a Class 2 misdemeanor to buy a gun under the age of 21 and for a private dealer to sell a firearm to someone younger than 21. Licensed dealers who sell to someone younger than 21 could be charged with a Class 1 misdemeanor. The law has exceptions for members of the military and law enforcement.
The Washington Examiner contacted representatives for Gov. Jared Polis (D-CO), who signed the legislation.
Good.
Next, they should go after the filthy Hickenlooper magazine ban.
[[r, holding that it ran afoul of recent Supreme Court precedent]]
GOOD! I wish more judges would step in and halt unlawful gun laws, but sadly too many are not concerned with upholding the Supreme Court or our inalienable rights!
“...Overall, voters are slightly torn when asked if they support stricter gun laws....”
This proves our society is either totally brainwashed or dumb as “all get out”. We have well over 5000 local and state gun laws, 460 pages of ATF laws and dozens upon dozens of Federal gun laws. Also, the left has emboldened criminals with sanctuary cities, releasing violent criminals and not prosecuting criminals.
We are in the age of instant information yet people are STILL persuaded by propaganda.
Good!
When do we finally get rid of the unconstitutional aTf and the insane new york, Illinois, Jersey, Californication state “laws”???
It shows the brainwashing on guns and the Second Amendment have been partially effective.
Gov. Jared Polis (D-CO), who signed the legislation.
Needs to be in prison.
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