10th Circuit Court of Appeals in Denver, Colorado.

Over the past year, it seemed that young gun owners aged 18 to 20 were building some momentum in getting their Second Amendment rights recognized. In April, a Pennsylvania judge ruled that 18- to 20-year-old residents could apply for concealed carry permits, and in July, the 8th Circuit Court ruled that Minnesota’s carry ban on young adults under 21 was unconstitutional.

Now, however, the tide seems to be turning. On Tuesday, the Denver-based 10th Circuit Court of Appeals ruled in the case Rocky Mountain Gun Owners v. Polis that Colorado’s law limiting gun sales to people 21 or over could take effect. The law had been on hold since last year when a federal district judge blocked enforcement of the law the day it was set to take effect.

Using what can only be described as faulty logic, the three-judge panel of the 10th Circuit based the ruling on the fact that other states have similar laws, the constitution be damned. It’s like a teenager telling his parents he can smoke pot, despite it being illegal, because all of his friends are doing it.

Noting that 20 other states set the gun purchase age at 21, Judge Richard Federico wrote in the ruling: “It seems evident that the necessity of some minimum age requirement is widely accepted—after all, no one is reasonably arguing that 8-year-olds should be allowed to purchase guns.”

In the majority opinion, Federico cites “compelling scientific evidence” presented by the state that the brain continues to mature until age 21—a factor that should not even be considered. Federico further wrote that plaintiff Adrian Pineda failed to prove that the law violated the Second Amendment.

“Pineda fails to prove that SB 23-169 implicates his right to ‘keep and bear’ arms…,” Federico wrote. “This is because SB 23-169 is presumptively lawful as a law that imposes conditions or qualifications upon the sale and purchase of arms and thus does not fall within the protections of the plain text of the Second Amendment. Laws or regulations imposing conditions or qualifications—such as a minimum purchase age of 21—on the commercial sale or purchase of arms, when not employed for abusive ends, remain outside the scope of the Amendment’s protections under the third prong of Bruen step one.”

Rocky Mountain Gun Owners, one of the plaintiffs in the case, plans to appeal the decision, which they say ignored many of the guidelines set down in the 2022 U.S. Supreme Court ruling in New York State Rifle & Pistol Association v. Bruen.

“The judges refused to properly apply Bruen‘s text, history, and tradition standard, and instead recharacterized this law into a mere commercial regulation instead of a constitutional right infringement,” the group posted on X, formerly Twitter. “This is a very temporary setback, and we look forward to fighting back against this outrageous ruling.”

12 COMMENTS

  1. So, on top of all their other award winning ideas the dems are for making the age of majority 21 again.

    I’ve used this info to educate young folks here in CA. The dems are not the friends of a free people.

    • But they do give “free stuff” to voters. In exchange for taking their civil rights away. After all the head democrat said she would make marijuana legal for black men.

      • Weed should be legal for all adults. Just like booze. A free nation does not need to have its hands held.

        And any agency that has the resources to raid a house and murder a squirrel and a raccoon are agencies that need to go.

  2. Fine, then NO VOTING before age 21.

    “Federico cites “compelling scientific evidence” presented by the state that the brain continues to mature until age 21”

    “after all, no one is reasonably arguing that 8-year-olds should be allowed to [VOTE!!!]”

  3. RE: “Federico further wrote that plaintiff Adrian Pineda failed to prove that the law violated the Second Amendment.”

    Never mind your lame “logic” surrounding 8 year olds federico what about a cut off age? 50? 60? 70? 80? 90? With your “logic” those between legal age and 21 should not be allowed to operate or possess a two ton projectile AKA a motor vehicle. Since day one History Confirms Discrimination has been inherent with Gun Control. If it’s not skin color, religion it’s always going to be some attribute to deny a Constitutional Right and this time it is age.

  4. There will be a lot of freedom hating mischief to clean up as those that seek power are forced from it. Expect more of this behavior and prepare accordingly.

    • Rats on a sinking ship…

      Leftists accuse Trump of being a sore loser, but he didn’t steal “W” keys from keyboards.

  5. If Democrats really believed the next four years will be full of forced relocations, breeding programs and minority enslavement they’d stop with all the gun control nonsense.

    Obviously, I hope, the higher ups don’t believe any of this nonsense but a significant number of their coalition of mental patients does so maybe the illustrious thinkers like Reid and Maddow might want to pump the brakes a bit. How many more self medicating drug addled transurrectionists do we need shooting up schools and burning down neighborhoods to fight the imaginary fascists?

  6. It may be a few years to a final determination by SCOTUS, but he’s reinforcing a circuit split that makes it more likely.

  7. Okidokee then…ban the following too…

    Voting before age 21

    Selective service registration before age 21.

    Ability to make any self ‘gender affirming care’ medical or other decision before age 21.

    Ability to seek abortion before age 21.

    Ability to enter into contracts before age 21.

    Ability to join the military before age 21.

    Ability to apply for and hold a job before age 21

    Ability to carry a firearm in military service before age 21

    Ability to have a drivers license before age 21

    Ability to operate any motor vehicle on public roads and streets before age 21

    and the list goes on and on…. after all, apparently because 18 – 20 year olds brains continues to mature until age 21 their votes that helps put these anti-gun idiot in office don’t count because 18 – 20 year olds some way or another are not responsible enough to make such an important decision so next election don’t count their votes.

  8. “No 8 year olds should be allowed to purchase guns.”
    Now wait a minute now, if the little tyke can fill out the 4473 form and get it right, which ain’t all that easy, they should be able to buy any firearms they want if they’ve got the money.
    WTF?

    • Hmmm, a literacy test for firearm purchases. I never thought of the 4473 from that angle, akin to the literacy tests that southern Democrats used to hinder the black vote. Interesting.

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