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Gun rights groups take Colorado to court over new ghost gun ban

Jan 3

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Gun rights groups are suing Colorado over a newly enacted law banning so-called ghost guns. Rocky Mountain Gun Owners and the National Association for Gun Rights filed a federal lawsuit against Colorado’s Unserialized Firearms and Firearm Components bill, signed into law by Gov. Jared Polis in June.

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“These pre-assembled, click together, untraceable, deadly weapons are a very dangerous loophole,” Polis said during a news briefing after he signed the bill. “And today, we’re taking an important step to close that loophole.”

Ghost guns are unassembled firearms that are created privately, and they do not have a serial number on the components. Ghost guns can be purchased online or made from a 3D printer, circumventing background checks.

Colorado’s law, which took effect Monday, Jan. 1, prohibits residents from creating gun frames and receivers, with the exception of firearm manufacturers. It also bans the possession and transportation of guns without serial numbers and the purchase of out-of-state gun kits.

Between 2017 and 2021, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) reported a 1,000% increase in the use of ghost guns in crimes across the United States.

Gun rights groups argue that Colorado’s ban is both an overreach and a challenge to Americans’ Second Amendment freedoms.

The lawsuit cites the Supreme Court’s 2022 Bruen decision, which states that gun laws must “be consistent with the nation’s historical tradition of firearm regulation.”

“If homemade – unserialized – guns weren’t legal at the time of our nation’s founding, we would all have a British accent,” said Taylor Rhodes, the executive director of Rocky Mountain Gun Owners.

Gov. Polis, listed as a defendant in the lawsuit, has not commented on the litigation.

Colorado expanded gun control last year by enhancing red flag laws, imposing a three-day waiting period for firearm purchases, raising the purchase age to 21, and easing lawsuits against gun manufacturers.

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[LAUREN TAYLOR]
GUN RIGHTS GROUPS ARE SUING THE STATE OF COLORADO OVER A NEWLY ENACTED LAW – BANNING SO-CALLED GHOST GUNS.

ROCKY MOUNTAIN GUN OWNERS AND THE NATIONAL ASSOCIATION FOR GUN RIGHTS FILED A FEDERAL LAWSUIT – CHALLENGING COLORADO’S “unserialized firearms and firearm components bill” – SIGNED INTO LAW BY DEMOCRATIC GOVERNOR JARED POLIS IN JUNE.

[GOV. JARED POLIS | D-COLORADO]
“THESE PRE-ASSEMBLED, CLICK TOGETHER, UNTRACEABLE DEADLY WEAPONS ARE A VERY DANGEROUS LOOPHOLE AND TODAY, WE’RE TAKING AN IMPORTANT STEP TO CLOSE THAT LOOPHOLE.”

[LAUREN TAYLOR]

GHOST GUNS ARE UNSERIALIZED FIREARMS THAT HAVE BEEN ASSEMBLED IN PRIVATE – BY A PERSON OTHER THAN A LICENSED MANUFACTURER – ACCORDING TO THE ATF.

GUN COMPONENTS CAN BE PURCHASED ONLINE OR 3-D PRINTED – AND DON’T REQUIRE A BACKGROUND CHECK.

COLORADO’S NEW GHOST GUN LAW, WHICH WENT INTO EFFECT MONDAY, — BANS ANYONE IN THE STATE OF COLORADO FROM CREATING GUN FRAMES AND RECEIVERS. THE ONLY EXCEPTION IS FIREARM MANUFACTURERS.

THE LAW ALSO OUTLAWS THE TRANSPORTATION AND POSSESSION OF GUNS THAT DON’T HAVE A SERIAL NUMBER AND PROHIBITS BUYING A GUN KIT OUT OF STATE AND SHIPPING IT TO COLORADO.

ACCORDING TO THE ATF – BETWEEN 2017-2021 – THERE WAS A 1-THOUSAND PERCENT (1000%) INCREASE IN GHOST GUNS USE IN CRIME ACROSS THE UNITED STATES.

THE GUN RIGHTS GROUPS SAY COLORADO’S BAN IS NOT JUST AN OVERREACH BUT ALSO A DIRECT DEFIANCE TO AMERICANS’ SECOND AMENDMENT FREEDOMS.

THE SUIT REFERENCES THE SUPREME COURT’S 2022 BRUEN DECISION – WHICH SAID STATE GUN LAWS MUST BE “CONSISTENT WITH THE NATION’S HISTORICAL TRADITION OF FIREARM REGULATION.”

TAYLOR RHODES THE EXECUTIVE DIRECTOR OF ROCKY MOUNTAIN GUN OWNERS SAID:

[TAYLOR RHODES | THE EXECUTIVE DIRECTOR OF ROCKY MOUNTAIN GUN OWNERS]

“IF HOMEMADE – UNSERIALIZED – GUNS WEREN’T LEGAL AT THE TIME OF OUR NATION’S FOUNDING, WE WOULD ALL HAVE A BRITISH ACCENT.”

[LAUREN TAYLOR]

GOVERNOR POLIS – WHO IS LISTED AS A DEFENDANT IN THE LAWSUIT – HAS NOT YET COMMENTED ON THE LITIGATION.

COLORADO EXPANDED GUN CONTROL IN THE STATE LAST YEAR – BY ENHANCING RED FLAG LAWS, IMPOSING A THREE-DAY WAITING PERIOD FOR THE PURCHASE OF A FIREARM, RAISING THE PURCHASE AGE TO 21, AND BY MAKING IT EASIER TO SUE GUN MANUFACTURERS.