Colorado’s Under-21 Gun Sales Ban Revived by Tenth Circuit

Colorado can move ahead with enforcing its law banning gun sales to people younger than 21, the Tenth Circuit ruled Tuesday.

There are “real harms” that could occur from not enforcing the law, especially given that guns are the leading cause of death in Colorado among people under the age of 21, said Judge Richard Federico of the US Court of Appeals for the Tenth Circuit.

Those harms outweigh any potential injury that could occur from someone under 21 not being able to buy a gun, Federico wrote, adding that the “public interest strongly favors Colorado’s enforcement” of the law.

The Tenth Circuit’s order reverses a district court’s enjoinment of the law from last August, on the same day the law was supposed to take effect

The ruling follows the US Supreme Court’s June 21 decision in United States v. Rahimi, in which Chief Justice John Roberts said some courts mistakenly believe that current gun laws must have a “historical twin,” rather than a “historical analogue,” to be considered constitutional and in line with the plain text of the Second Amendment.

Colorado’s law is “outside the scope” of the Second Amendment’s protections because it “imposes conditions or qualifications” on the commercial sale or purchase of arms, not on the right to keep or bear arms, Federico wrote.

Everytown for Gun Safety, which advocates for gun-safety measures and is backed by Michael Bloomberg, filed an amicus brief in support of Polis. Bloomberg Law is operated by entities controlled by Michael Bloomberg.

The state and an attorney for Rocky Mountain Gun Owners didn’t immediately respond to requests for comment.

Barry Arrington of Wheat Ridge, Colo., represents the plaintiffs. The state of Colorado represents itself.

The case is Rocky Mountain Gun Owners v. Polis, 10th Cir., No. 23-01251, 11/5/24.