Judge Richard Federico, nominated by President Biden to the Tenth Circuit court of appeals, wrote a unanimous opinion reversing a preliminary injunction against a state law that set 21 as the minimum age for gun sale or purchase in Colorado. The result put the gun statute back into effect as the challenge to it continues. The November 2024 decision was in Rocky Mountain Gun Owners v Polis.
What happened in this case?
In 2023, Colorado enacted legislation to raise the minimum age for gun ownership and purchase in the state from 18 to 21. The law was intended to “reduce youth suicide and accidental death, mass shootings and overall gun violence.”
Several individuals and a gun owners’ group filed a federal lawsuit, claiming that the law violated the Second Amendment. A district court judge granted a preliminary injunction, stopping the law from taking effect. On behalf of the state, Governor Jared Polis appealed to the Tenth Circuit.
How did Judge Federico and the Tenth Circuit rule and why is it important?
Judge Federico carefully analyzed the Colorado law and its history, the record in the case, and applicable precedent. He explained that under Heller and other Supreme Court decisions, laws that impose “conditions and qualifications on the commercial sale of arms” are “presumptively lawful” and do not violate the Second Amendment. This principle applies, he went on, to Colorado’s “age-based condition or qualification on the sale of arms,” which is appropriately “aimed at ensuring guns are held by law-abiding, responsible persons.” He pointed out that 20 other jurisdictions have a similar 21-year old requirement, and that the record contained “compelling scientific evidence” supporting this mandate. The court directed the lower court to dissolve the preliminary injunction so that the law will be in effect while the case continues.
Judge Federico’s decision is obviously important to the government and people of Colorado who support the 21-year old gun requirement in order to improve gun safety. It may also be significant in other cases challenging similar regulations, particularly in the Tenth Circuit, which includes Colorado, Kansas, New Mexico, Oklahoma, Utah and Wyoming. In addition, the decision serves as a reminder of the importance of confirming fair-minded judges to our federal courts.