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Monday, May 6, 2024

Colorado NRA challenges state's age, waiting period requirements for firearm sales

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DENVER (Legal Newsline) — The Colorado branch of the National Rifle Association is challenging the state's new laws that prohibit firearm sales to those under 21 and require a three-day waiting period to purchase a gun. 

Colorado State Shooting Association, Trevor Alley and Daniel Fenlason filed a complaint Aug. 7 in the U.S. District Court for the District of Colorado against Jared Polis, Colorado Governor, in his official capacity. 

According to the plaintiffs' complaint, Governor Polis signed Senate Bill 23-169, which prohibits those over 18 years but under 21 from purchasing any type of firearm. They claim the law is a "blanket prohibition" that bans adults of a certain age from purchasing a firearm and violates the Second and Fourteenth amendments. 

The plaintiffs allege SB 23-169 as well as SB23-169, also signed by Governor Polis, prevent law-abiding adults from keeping and bearing arms "in a timely manner" and that the law will hamper their "essential work" with their 18-20-year-old members. 

They claim some of those members include domestic abuse survivors and those living in an area affected by dangerous and violent crime who have a right to defend themselves. The plaintiff claim HB23-1219 also removes domestic violence survivors' ability to purchase a gun immediately due to the required three-day waiting period even if they have passed a clean background check. 

The plaintiff seek monetary relief, interest and all other just relief. They are represented by Kristine Brown in Denver.

U.S. District Court for the District of Colorado case number 1:23-CV-01998-KAS 

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