Colorado House Passes Unconstitutional Semiautomatic Ban
On Sunday, Colorado’s Democratic-controlled House of Representatives passed a contentious bill banning the sale and transfer of semiautomatic firearms. The bill narrowly passed with a 35-27 vote and is now slated for consideration in the state Senate, where the majority is less robust and opposition more pronounced.
If enacted, the legislation would place Colorado alongside states like California, New York, and Illinois, which have already implemented similar prohibitions. One GOP state House member argued: “House Bill 23-1230 is intended to stop all legal commerce and would significantly curtail ownership of commonly held arms protected under the Second Amendment.”
Gov. Jared Polis (D) has previously expressed reservations about such sweeping firearm restrictions, signaling potential challenges ahead for the bill’s proponents. The current legislative efforts follow a series of less extensive gun control measures signed by Gov. Polis last year, which included raising the legal firearm purchasing age and instituting a waiting period between gun purchase and receipt.
Opponents of the bill argue it is a drastic overreach that fails to address the underlying issues of mental health and societal disregard for life. They maintain that focusing on the tool rather than the perpetrator does not effectively combat the root causes of violence.
The debate over Colorado’s semiautomatic firearm ban reflects broader national tensions around gun control and constitutional rights. The bill’s passage in the House is not just a legislative action but a statement on the shifting dynamics in Colorado’s political landscape, which has moved increasingly leftward in recent years.
Legal experts highlight concerns that the Colorado bill may not withstand scrutiny under the test established by the U.S. Supreme Court in the landmark 2022 New York State Rifle & Pistol Association v. Bruen case. The Court’s decision mandates that any firearm regulation must align with the nation’s “historical traditions of firearm regulation.” The sweeping nature of the Colorado ban on semiautomatic guns in general utterly fails the test established by Bruen. There has never been any tradition in American law of restricting the ownership of legal firearms used by millions of Americans for defense and recreation.
The financial and social costs of defending a total ban in court raise questions about the efficacy and pragmatism of Colorado Democrats’ approach. Of course, scoring political points with the radical left is likely more important to that group than the Constitution they swore to uphold and defend.
