Federal judge blocks new state law on age restrictions for gun purchases

COLORADO SPRINGS, Colo. (KRDO) -- A federal judge blocked a new gun law that was supposed to go into effect Tuesday, stating it was unconstitutional.

In April, state lawmakers passed a number of gun control bills, including one that would raise the minimum age of purchasing any gun to 21 years or older. The current law has the same age restriction for the purchase of handguns but allows anyone 18 or older to buy rifles.

Governor Jared Polis declined an interview but his office said, “Since 1968, federal law has required Coloradans to be 21 years old to purchase a pistol, but a loophole allowed kids under age 21 to legally buy a rifle instead. This law closes that loophole and the Governor hopes that the courts agree with him that the law is fully consistent with our Second Amendment rights.”

The day the bill was signed into law, Rocky Mountain Gun Owners, a gun rights group, filed a lawsuit against Governor Jared Polis, stating the law was unconstitutional.

“We felt like our members between the ages of 18 and 20 were going to suffer reputable harm by having this law on the books,” said Taylor Rhodes, the executive director of Rocky Mountain Gun Owners.

The U.S. District Court of Colorado Chief Judge Philip Brimmer ordered a preliminary injunction Monday, essentially putting that law on hold. A preliminary injunction allows laws to continue as is until the courts decide on the case.

In his order, Brimmer said the law violates the second amendment.

“The purchase (of a firearm) is at least partly for self-defense, the Court finds the Individual Plaintiffs’ proposed course of conduct is “arguably affected with a constitutional interest,” under the Second Amendment,” Brimmer said in his preliminary injunction order.

The Democratic lawmakers that sponsored the bill declined an interview but in a statement said they were disappointed with the judge’s order.

“Increasing the age to purchase a firearm to 21 is common sense policy that will prevent gun violence and keep our communities safe, and we disagree with the judge’s interpretation and are disappointed in the decision.”

The legal battle for this controversial law is far from over though and centers around the second amendment, which is a person’s right to keep and bear arms.

Polis argues the new law didn’t violate the second amendment because 18 to 20-year-olds are still allowed to own and use guns. They just wouldn’t be able to purchase them.

Republican Senator Bob Gardner, who voted against the bill, called that argument “cute.”

“if it were simple enough to say, ‘Well, the Second Amendment says keep and bear arms, but we can control the sale of arms so that no one can have them.’ Well, then effectively, no one could keep and bear arms,” Gardner said about Polis’s legal argument.

Polis also argued the historical context of the second amendment and its relation to minors. He claimed when the second amendment was instituted 18 to 20-year-olds were considered minors without full legal protections.

Judge Brimmer struck down both arguments. In his order, he said the right to keep and bear arms includes the ability to acquire firearms. He also said the second amendment never had an age limit and therefore ruled the second amendment includes 18 to 20-year-olds.

Spartan Defense, an armory and firearm training store in Colorado Springs, was happy with the judge’s decision. They said the law, if it would have gone into effect, would slightly affect their sales but they said they are more concerned with their customers' constitutional rights.

“Not only do I think it's constitutionally in line to say that you should be able to purchase a firearm and be able to protect yourself and your family, it's absurd that we have to even pretend like this should have passed because there's no basis that it should have,” said Jared Pirrie, a firearm instructor at Spartan Defense.

Rocky Mountain Gun Owners said they will file a motion for a permanent injunction to throw out the law altogether. Senator Gardner said this will likely be a long legal battle that could make it all the way to the United States Supreme Court.