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A federal judge recently upheld Colorado’s law mandating that individuals must be 21 or older to buy a firearm. This ruling came after the Rocky Mountain Gun Owners and two individuals, who were eager to purchase firearms, challenged the measure imposed by Governor Jared Polis.
Chief U.S. District Judge Philip A. Brimmer concurred with the U.S. Court of Appeals for the 10th Circuit, ruling that age-based restrictions on gun purchases do not violate the Second Amendment. Both courts emphasize that this regulation falls under what they describe as a “safe harbor” exclusion, effectively placing it beyond the reach of constitutional scrutiny.
Colorado’s law does permit exceptions for certain individuals. Specifically, those serving in the U.S. Military and active peace officers may purchase firearms before reaching the age of 21. In these cases, the purchase must occur while the individual is on duty, adhering to their agency’s policies.
Governor Polis has expressed his commitment to making Colorado one of the safest states in the U.S. His administration believes that sensible laws facilitating responsible gun ownership will enhance public safety. In a statement, Communications Director Conor Cahill noted that Colorado had historically required individuals to be 21 to buy handguns under federal law. The age requirement has now been expanded to include rifles and shotguns, thanks to the passage of SB23-169.
Brimmer remarked on the significance of the case, highlighting that the two plaintiffs, Adrian Pineda and Matthew Newkirk, are part of “the people” as stated in the Second Amendment. However, he also referenced the 10th Circuit’s earlier decision, indicating that it had set a precedent in favor of the age restriction in 2023.
This recent ruling starkly contrasts a decision made by the Supreme Court in 2022. In that case, justices ruled against New York’s requirements for carrying concealed weapons in public. Former President Joe Biden expressed his disappointment with that ruling, arguing that it undermined New York’s ability to safeguard its citizens effectively.
Biden criticized the Supreme Court’s decision, asserting that it contradicted both common sense and the Constitution. He reiterated his commitment to combating gun violence and ensuring community safety in the face of such rulings.
Brimmer’s ruling stands in direct opposition to a decision from the New Orleans-based 5th Circuit Court of Appeals. That court had previously overturned a federal regulation banning the sale of firearms to individuals below 21, arguing that the Second Amendment protections apply to those ages 18 to 20. According to Judge Edith H. Jones, the federal government failed to present compelling evidence that such restrictions were consistent with historical practices from the founding era of the United States.
In light of ongoing debates surrounding gun regulations, several states have amended their firearm purchase age laws. States like New York, Massachusetts, California, Florida, Illinois, Delaware, and Vermont now enforce higher age limits for purchasing firearms. While some jurisdictions have confined restrictions to handgun purchases only, others apply these regulations to all types of firearms.
The debate surrounding age restrictions on firearm purchases continues to gain traction across the nation. Advocates of tighter regulations argue that lowering access to guns for young adults can lead to enhanced public safety. Conversely, opponents assert that such laws infringe upon individual rights granted by the Constitution.
As these overwhelming legal arguments and contrasting court decisions unfold, the future of age-based gun purchase laws will likely become a pivotal topic in upcoming legislative sessions. Legal experts anticipate that definitive conclusions on this matter may eventually reach the Supreme Court, establishing lasting precedents for gun control nationwide.
In the midst of these developments, a critical tension remains between promoting community safety and protecting individual rights to bear arms. Navigating this landscape requires careful consideration and balanced legislation aimed at ensuring that all citizens feel safe while respecting established constitutional freedoms.