(TheLastPatriotNews.com) – Americans’ Second Amendment rights have received a fresh boost with a new legal victory achieved in a blue state after a Colorado US judge blocked a state law banning gun sales to people under 21.
The latest gun rights win was achieved in the case RMGO v. Polis, No. 1:23-cv-01077, in the US District Court for the District of Colorado, Breitbart News reports.
The lawsuit was filed by Rocky Mountain Gun Owners (RMGO), a Second Amendment rights group, and two private citizens.
It attacked a Colorado state law known as “Senate Bill 23-169,” which prohibits the sale of firearms to individuals who have turned 18 but aren’t 21 yet.
The anti-gun law was signed by Colorado Governor Jared Polis, a Democrat, and was set to go into effect this week.
However, its application was blocked by a preliminary injunction issued Monday by US District Court Chief Judge Philip Brimmer, who cited the US Supreme Court’s decision last year in NYSRPA v. Bruen.
The plaintiffs disputed, in particular, two sections of the Senate Bill, stipulating, as follows,
“A person who is not a licensed gun dealer shall not make or facilitate the sale of a firearm to a person who is less than twenty-one years of age.”
“It is unlawful for a person who is less than twenty-one years of age to purchase a firearm.”
In their lawsuit, RMGO and the two private citizens, including Tate Mosgrove, declared that the latter “is a citizen of Colorado and is older than 18, but younger than 21. It is his ‘present intention and desire to lawfully purchase a firearm for lawful purposes, including self-defense in [his] home.’”
The lawsuit said the other private plaintiff, Adrian S. Pineda, is over 18 but under 21 and wished to buy a lawful firearm for self-defense.
Brimmer declared the Bruen ruling had canceled the “two-step test” for weighing the constitutionality of gun control. He directly quoted the 2022 Supreme Court decision:
“When the Second Amendment’s plain text covers an individual’s conduct, the Constitution presumptively protects that conduct. The government must then justify its regulation by demonstrating that it is consistent with the Nation’s historical tradition of firearm regulation. Only then may a court conclude that the individual’s conduct falls outside the Second Amendment’s ‘unqualified command.’”
The judge’s preliminary injunction stopped the enforcement of SB 23-169 “effective immediately.”
United States District Court Chief Judge Philip A. Brimmer issued a preliminary injunction Monday against the new minimum firearm purchase age of 21 in Colorado, citing the NYSRPA v. Bruen (2022) decision. https://t.co/yOxB58xHiK
— Breitbart News (@BreitbartNews) August 8, 2023
