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Saturday, April 27, 2024

Judge freezes case challenging Colorado gun restrictions

Legislation
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Gov. Jared Polis | State of Colorado

DENVER (Legal Newsline) - The Colorado NRA's challenge to new state gun laws will be stayed while other cases are pending.

Judge Daniel Domenico on Dec. 27 said the lawsuit brought by the Colorado State Shooting Association against Gov. Jared Polis is duplicative of others that were filed earlier, so he will put it on hold while they are sorted.

"In these circumstances, it does not appear that the plaintiffs here would be significantly burdened or prejudiced if this case is stayed," Domenico wrote.

Domenico noted that the age restriction has already been preliminarily stopped in one of the other cases.

CSSA sued in August over new laws prohibiting firearm sales to those under 21 and requiring a three-day waiting period for others.

The plaintiffs 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 plaintiffs 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. 

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