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Critical Colorado Update: Court Issues Preliminary Injunction Against SB 169
Age-based Gun Purchasing Restriction Temporarily on Hold

Colorado passed Senate Bill 23-169 that makes it illegal to sell firearms to anyone under the age of 21 (with limited exceptions). The law was scheduled to go into effect today, Monday, August 7, 2023, at 12:01 a.m. However, Chief U.S. District Judge Phillip A. Brimmer has now handed down a decision, enjoining the enforcement of SB 169. This means the law raising the age to purchase all firearms at retail in Colorado is temporarily blocked and individuals 18 years of age and older – who are not prohibited and who pass a National Instant Criminal Background Check System (NICS) verification – may still purchase a long gun at a federal firearms licensee (FFL) retailer.

Judge Brimmer wrote that Colorado Gov. Jared Polis’s lawyers had not adequately argued that the Second Amendment allows states to restrict firearm purchases for people between the ages of 18 and 20. “Thus, the court finds that the individual plaintiffs have shown a likelihood of success on the merits on the question of whether the Second Amendment applies to 18- to 20-year-olds,” Judge Brimmer wrote in his 44-page decision.

It is not yet clear whether Colorado will appeal the judge’s decision, which they certainly could do.

Read more here. NSSF® will continue to monitor and keep our members updated.


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