{"id":107564,"date":"2025-02-16T14:17:38","date_gmt":"2025-02-16T20:17:38","guid":{"rendered":"https:\/\/milesfortis.com\/?p=107564"},"modified":"2025-02-16T14:21:30","modified_gmt":"2025-02-16T20:21:30","slug":"107564","status":"publish","type":"post","link":"https:\/\/milesfortis.com\/?p=107564","title":{"rendered":""},"content":{"rendered":"

Colorado Democrats Eyeing Ammo Restrictions in Addition to Semi-Auto Ban<\/a><\/p>\n

While the constitutional abomination known as SB 3 has rightfully been getting a lot of attention as it\u00a0makes its way<\/a>\u00a0through the Colorado legislature, it’s far from the only assault on our right to keep and bear arms under consideration in Denver this year.<\/p>\n

On Thursday, a bill barring adults under the age of 21 from\u00a0purchasing ammunition<\/a>\u00a0cleared a House committee, and could be up for a vote on the House floor as early as next week.<\/p>\n

Though multiple courts around the country have shot down age-based restrictions that deny under-21s from keeping, bearing, and buying firearms since the Supreme Court’s decision in\u00a0Bruen<\/em>\u00a0back in 2022, anti-gunners in the Rocky Mountain State have been empowered and emboldened by the Tenth Circuit Court of Appeals, which declined to block the state’s law banning\u00a0firearm\u00a0<\/em>purchases to under-21s last November.<\/p>\n

In their decision overturning a preliminary injunction against the age-based prohibition, the appellate court bizarrely concluded that age-related purchasing restrictions fall outside the scope of the Second Amendment, leaving the door open to Colorado imposing a ban (however unlikely) on adults of\u00a0any\u00a0<\/em>age purchasing firearms. As the Duke Center for Firearms Law (which typically loves it when courts uphold gun control restrictions)\u00a0elaborated<\/a>\u00a0at the time of the decision:<\/p>\n

After determining that at least one plaintiff had standing to challenge the restriction, the panel outlined the\u00a0Bruen<\/em>\u00a0framework and the threshold textual step of determining whether the regulated conduct is protected by the Second Amendment. \u00a0The panel found initially that the plaintiff with standing was part of the \u201cpeople\u201d with the right to keep and bear arms and that the plaintiff intended to purchase a protected \u201carm.\u201d <\/strong><\/span><\/p>\n

\u00a0However, the panel then noted the Supreme Court\u2019s assessment in\u00a0Heller\u00a0<\/em>that certain types of regulations are \u201cpresumptively lawful\u201d\u2014and it placed this inquiry in\u00a0Bruen\u00a0<\/em>\u201cstep one,\u201d implying that at least some of these laws simply don\u2019t touch on \u201ckeeping and bearing\u201d and thus don\u2019t implicate protected conduct. \u00a0<\/strong><\/span><\/p>\n

While noting that\u00a0Heller<\/em>\u2019s \u201cpresumptively lawful\u201d paragraph was dicta, the panel nevertheless found itself \u201cbound by Supreme Court dicta almost as firmly as by the Court[\u2019s] outright holdings.\u201d<\/strong><\/span><\/p><\/blockquote>\n

It’s an utterly absurd decision, given that the right to keep and bear arms is rendered meaningless without the the ability to acquire one. The same goes for ammunition.<\/p>\n

Without ammo, a firearm is a paperweight, or maybe a club. Either way, it’s absolutely useless for its intended purpose. But the Tenth Circuit has taken the position that \u00a0“laws imposing conditions and qualifications on the commercial sale of arms are lawful extends equally to laws imposing conditions and qualifications on the commercial purchase of arms.” The court went on to say that even under the\u00a0Bruen\u00a0<\/em>test Colorado’s law is likely to withstand constitutional muster because setting the age to purchase a gun at 21 is “consistent with both scientific evidence on brain development and historical regulatory practice.”<\/p>\n

Other courts have held that laws prohibiting members of the political community from exercising their Second Amendment rights cannot stand, and though the age of majority might have been 21 in 1791 and 1868, today it’s 18, which makes these under-21 gun bans\u00a0inconsistent\u00a0<\/em>with the national tradition of gun ownership.<\/p>\n

If HB 1133 does become law I’m sure it will face a legal challenge, but unfortunately, the Tenth Circuit’s illogic holds sway in Colorado. As a result, anti-gun lawmakers can feel at least somewhat confident that the appellate court will green light their ammo restrictions just as it’s allowed the ban on under-21s buying guns to take effect.<\/p>\n","protected":false},"excerpt":{"rendered":"

Colorado Democrats Eyeing Ammo Restrictions in Addition to Semi-Auto Ban While the constitutional abomination known as SB 3 has rightfully been getting a lot of attention as it\u00a0makes its way\u00a0through the Colorado legislature, it’s far from the only assault on our right to keep and bear arms under consideration in Denver this year. On Thursday, … Continue reading “”<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[23,11,8],"tags":[],"class_list":["post-107564","post","type-post","status-publish","format-standard","hentry","category-courts","category-crap-for-brains","category-rkba"],"_links":{"self":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/107564","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=107564"}],"version-history":[{"count":1,"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/107564\/revisions"}],"predecessor-version":[{"id":107565,"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/107564\/revisions\/107565"}],"wp:attachment":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=107564"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=107564"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=107564"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}