Federal Appeals Court Upholds Colorado Under-21 Gun Sales Ban
The Centennial State can once again deny 18-to-20-year-olds the ability to purchase any firearms.
A three-judge panel for the Tenth Circuit Court of Appeals on Tuesday overturned a lower court injunction against Colorado’s recently passed gun sales ban for adults under 21. The panel determined that the lower court “abused its discretion” by finding the ban likely unconstitutional. Instead, it ruled that commercial firearm purchases are not covered under the Second Amendment.
“Pineda has partially met his burden at step one by demonstrating that (1) 18- to 20-year-olds fall within ‘the people,’ and (2) the arms he wishes to purchase constitute protected “arms,” Judge Richard Federico wrote for the majority in RMGO v. Polis. “However, Pineda fails to prove that SB 23-169 implicates his right to ‘keep and bear’ arms, the third prong of step one. This is because SB 23-169 is presumptively lawful as a law that imposes conditions or qualifications upon the sale and purchase of arms and thus does not fall within the protections of the plain text of the Second Amendment.”
The ruling deals a significant blow to Colorado gun-rights advocates looking to stave off the state’s increasingly restrictive approach to firearms. The opinion opens the door for the state’s young adult sales ban to take effect for the first time, and its capacious view of permissible commercial sales restrictions could invite many additional regulations.
The case stems from Senate Bill 169, which Colorado Governor Jared Polis signed into law in May 2023. The bill raised the state’s minimum age to purchase any firearm to 21. State policy previously allowed 18-year-olds to purchase rifles and shotguns but not handguns.
Rocky Mountain Gun Owners (RMGO) immediately sued Polis over the law and secured a preliminary injunction against its enforcement last August, the same day it was supposed to take effect.
“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,” Judge Philip Brimmer wrote at the time.