A federal appeals court has ruled that Colorado’s controversial law restricting gun sales to adults under 21 can now take effect. This decision, handed down by the 10th Circuit Court of Appeals on Tuesday, reverses an earlier ruling that blocked the law, marking a significant shift in the legal battle surrounding gun rights in the state.
The court’s decision comes after a lengthy legal dispute that began in 2023, when two individuals under the age of 21, along with the group Rocky Mountain Gun Owners, filed a lawsuit against Colorado Governor Jared Polis. The plaintiffs argued that the law, which raised the minimum age for purchasing firearms in the state from 18 to 21, infringed upon their Second Amendment rights.
Colorado’s law, which went into effect following the appeals court ruling, bans the sale of guns to anyone under the age of 21, with the exception of active-duty military members and law enforcement officers. The plaintiffs, however, argued that the law discriminated against young adults, citing the constitutional right to bear arms as guaranteed by the Second Amendment.
In their lawsuit, the plaintiffs contended that the law’s age restriction was a violation of their fundamental rights and that it unfairly impacted law-abiding citizens who were legally allowed to possess firearms under federal law.
The case initially resulted in a district court injunction in August 2023, which blocked the law from being enforced. The judge at the time argued that the law could potentially infringe upon constitutional rights. However, the appeals court disagreed, reversing that decision and sending the case back to the district court for further review.
In a comprehensive 90-page opinion, the 10th Circuit Court of Appeals ruled that the Colorado law did not meet the requirements for an injunction, stating that the lower court “abused its discretion” in issuing one. The appeals court judges also expressed their belief that the law was “presumptively lawful,” suggesting that age-based restrictions on firearm sales fall outside the protections of the Second Amendment.
The court noted that the law specifically addresses the sale and purchase of firearms and does not restrict the possession of firearms by individuals under 21. As a result, they determined that the law was more akin to a “commercial regulation” than a violation of constitutional rights.
“We conclude that the law’s age-based qualification on the purchase of firearms is consistent with longstanding precedents and does not violate the plain text of the Second Amendment,” the court wrote in its opinion.
The decision has sparked backlash from gun rights organizations, most notably the Rocky Mountain Gun Owners group, which led the lawsuit against the state. In a statement following the ruling, the group accused the court of mischaracterizing the law as a “commercial regulation” rather than recognizing it as an infringement on constitutional rights.
“The court’s decision is a disappointing step backward for the rights of Coloradans and young Americans,” the group said in a statement. “By treating this law as merely a regulation, rather than a violation of our constitutional right to bear arms, the court has ignored the critical issues at stake here.”
Gun rights activists argue that the law disproportionately affects young adults who are legally considered adults in many other respects, such as voting and serving in the military. They argue that if young adults are trusted with these responsibilities, they should not be denied their right to own firearms.
While the decision is specific to Colorado, it could have broader implications for other states with similar laws. The ruling may encourage other states to implement or defend similar age-based restrictions on firearm sales. Gun control advocates, however, argue that the decision is a necessary step in regulating the accessibility of firearms to individuals who may not yet have the maturity or responsibility to handle them safely.
The ruling also signals that courts may be more inclined to allow certain restrictions on gun ownership, especially when they are deemed to address public safety concerns rather than blanket bans on ownership.
Although the 10th Circuit ruling allows the law to take effect, the case is far from over. The district court will now resume its review of the law, and the plaintiffs have the option of appealing the decision to the U.S. Supreme Court. Given the significant constitutional issues at play, it’s possible that the high court will weigh in on the case in the future, potentially setting a precedent for how the Second Amendment applies to age-based restrictions on firearm sales.
For now, Colorado’s law stands, and young adults in the state will have to wait until they reach the age of 21 before they can legally purchase a firearm. However, this legal battle is far from finished, and its outcome could reshape the debate over gun rights in the United States for years to come.
