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Colorado law raising minimum age to buy guns to 21 temporarily blocked by federal judge

Law raising minimum age to buy guns in Colorado temporarily blocked by federal judge
Law raising minimum age to buy guns in Colorado temporarily blocked by federal judge 02:41

A federal judge granted a temporary ban on a Colorado law that would raise the minimum age to buy guns to 21. The law was signed by Gov. Jared Polis in April and was set to take effect this week.

Philip A. Brimmer, chief district judge of the U.S. District Court for the District of Colorado, ruled in favor of Rocky Mountain Gun Owners -- an advocacy group that lobbies for and files lawsuits in defense of gun rights -- and two other plaintiffs. RMGO sued Polis, arguing the law violated Coloradans' Second Amendment rights and lauded Brimmer's ruling on its Twitter page Monday.

If the law were to take effect, it would have impacted rifles and shotguns since federal law already bans people under 21 from purchasing handguns.

RELATED: Several Democratic Colorado lawmakers want to raise minimum age to buy guns

"Since the day this legislation was introduced, we knew it was unconstitutional," said RMGO Executive Director Taylor Rhodes. "Under the Golden Dome, at the unveiling of this proposal, RMGO warned the bill sponsors this would quickly be struck down by a federal judge. Today, our crystal ball became a reality. But it doesn't stop here. We won't stop fighting until every single unconstitutional anti-gun law is struck down."

The state of Colorado considers gun violence a public health issue. This summer, thousands asked the governor to ban the sale of guns entirely.    

Regina Jackson, co-founder of Race2Dinner, joined the crowd outside the Colorado State Capitol.

"If we want to continue having the same results that we're having now, then keep doing those types of things. If we want to change something, we've got to get rid of guns," said Jackson.

Colorado passed several other gun laws this year, and advocates of gun reform saw raising the age of purchase as a step in the right direction.

"I think people are going to stay where they are until someone that they love dies by gun violence," said Jackson.

Attorneys representing the governor argued that the Second Amendment doesn't protect the right to purchase guns, while the plaintiffs' attorneys argued that the right to keep and bear arms implies a right to purchase them. The judge agreed.

"The Court finds that the governor has failed to meet his burden to demonstrate that SB23-169 is consistent with the Nation's historical tradition of firearms regulation," he wrote in his order.

A spokesman for Polis issued the following statement:

"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 Governor is working towards his goal of making Colorado one of the ten safest states in the country -- and the same age requirements for pistols and rifles would help support responsible gun ownership."

Democratic lawmakers in the Colorado General Assembly argued the law would reduce gun-related suicides by young people. They cited research from the Giffords Law Center that says there's been a 61% increase in suicides among people 18 to 20 years old over the last 10 years.

The order banning the implementation of the law is only temporary, however, and, according to Brimmer, "shall remain in effect pending disposition of the case on the merits."

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