NSSF Condemns Gov. Polis’ Signature of Unconstitutional Law Limiting Second Amendment Rights

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WASHINGTON, D.C. — NSSF condemns Colorado Gov. Jared Polis’ signature on a new law that unconstitutionally infringes on the Second Amendment rights of law-abiding citizens in his state to keep and bear arms.

Gov. Polis signed SB25-003 into law, which bans the sale of the most-popular-selling rifle in America — the Modern Sporting Rifle (MSR) — unless Coloradans obtain from their county sheriff approval, based on subjective criteria, a permit-to-purchase semiautomatic firearms capable of accepting detachable magazines.

“This law is unconstitutional on its face. It is a gun-control-group-spurred attack on the Second Amendment rights of those who follow the law,” said Lawrence G. Keane, NSSF’s Senior Vice President and General Counsel. “Colorado lawmakers who claim Gov. Polis’ gun ban will make their state safer have yet to offer legislation that would hold criminals accountable for the criminal misuse of firearms. Instead, they violate the rights of those who obey the law.

Colorado’s SB25-003 makes Second Amendment rights in Colorado only permissible with a state-approved permission slip. It is an attack on the lawful sale of the most popular-selling centerfire rifles in America – the MSR or AR-15 – of which there are over 30 million in circulation today. Those firearms are used for lawful purposes daily, including recreational target shooting, hunting and self-defense. SB25-003 also bans the sale of semiautomatic shotguns and pistols that can accept detachable magazines, unless lawful purchasers obtain similar approval from county sheriffs and obtain a permit-to-purchase.

Under Colorado’s SB 25-003, the sale of semiautomatic firearms capable of accepting a detachable magazine is banned unless those purchasing the firearms are vetted by a local sheriff and complete a firearm certification course. Sheriff approval to apply for a permit-to-purchase is based on subjective criteria, which was expressly rejected by the U.S. Supreme Court in the 2022 Bruen decision that struck down New York’s unconstitutional concealed carry permitting law.

County sheriffs can deny an application if they have a “reasonable belief that documented previous behavior by the application makes it likely the applicant will present a danger to themself or others.” Sheriffs could also revoke purchasing permissions under the same standard. The criteria for the required training course is yet to be established.

That is all before a purchaser must complete and be approved for a purchase through the FBI’s National Instant Criminal Background Check System (NICS).

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