A recent ruling by the Tenth Circuit Court of Appeals upheld Colorado’s law restricting firearm sales to individuals under 21, sparking a significant debate around Second Amendment rights for young adults.
The case stems from Colorado’s Senate Bill 23-169, which Governor Jared Polis signed in 2023, raising the minimum age for all firearm purchases to 21. While the lower court previously blocked the law, citing concerns about its constitutionality, the Tenth Circuit overturned this decision, allowing the restriction to take effect.
In their ruling, the activist appellate judges concluded that Colorado’s law does not infringe on the Second Amendment’s protections.
Judge Richard Federico, who wrote for the majority, argued that while the right to bear arms is constitutionally protected, laws imposing conditions on commercial firearm sales—such as age restrictions—are “presumptively lawful.” Arguing this stance aligns with a precedent set by the Supreme Court in cases like District of Columbia v. Heller, where regulations on commercial firearm sales were deemed permissible.
According to the court, Colorado’s law qualifies as a condition on commercial sales rather than an outright denial of the right to bear arms.
Supporters of the law argue it aims to enhance public safety, especially in response to incidents involving young adults and firearms. The state contends that limiting access to firearms for people aged 18 to 20 aligns with historical firearm regulations. Advocates also cite studies suggesting that individuals under 21 may lack fully developed impulse control, a factor they believe justifies age-based firearm restrictions.
But don’t worry, they can still pay taxes, go to war, and vote!?
Not buying it, gun rights supporters see this law as an encroachment on constitutional rights.
The Rocky Mountain Gun Owners (RMGO), a plaintiff in the case, argued that the law unjustly strips young adults of their right to purchase firearms for lawful purposes, such as self-defense. RMGO emphasizes that the Second Amendment’s language covers the right to “keep and bear arms” for all citizens, including those aged 18 to 20. They believe this ruling sidesteps the Supreme Court’s guidance in recent decisions that require firearm regulations to fit within America’s historical tradition of gun ownership.
From a constitutional perspective, this ruling raises concerns. The Second Amendment explicitly protects the right to keep and bear arms, a fundamental right that should extend to all adult citizens. Critics argue that by imposing a blanket ban on firearm sales to a segment of legal adults, Colorado’s law effectively denies their constitutional rights based on age—a form of discrimination unsupported by the plain text of the Second Amendment.
The Tenth Circuit’s decision marks a temporary setback for gun rights advocates, but RMGO has vowed to appeal the case, potentially taking it to the Supreme Court. The organization remains hopeful that the highest court will apply a stricter historical standard to determine that all adults, regardless of age, have the constitutional right to buy firearms. This case could set a crucial precedent on age-based restrictions and the Second Amendment, a debate likely to continue until the Supreme Court provides further guidance.
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