Federal Judge Approves Colorado Law Restricting Firearm Purchases for Under-21s
Federal judge upholds Colorado’s 2023 law raising firearm purchase age to 21, ruling it does not violate the Second Amendment.
A federal judge has upheld Colorado's law restricting the sale of firearms to individuals under the age of 21, marking a significant win for advocates of stricter gun regulations in the state. The law, which applies to both handguns and long guns, was challenged by Rocky Mountain Gun Owners and two prospective buyers under the age of 21, who argued that the restriction violated their constitutional rights. However, Chief U.S. District Judge Philip A. Brimmer ruled that age-based requirements for firearm purchases do not fall within the scope of the Second Amendment’s right to keep and bear arms, referencing precedent from the U.S. Court of Appeals for the 10th Circuit.
In his decision, Judge Brimmer noted that while the plaintiffs—Adrian Pineda and Matthew Newkirk—are considered members of "the people" mentioned in the Second Amendment, the 10th Circuit has already determined that this particular restriction falls under a "safe harbor" exemption. This classification places the regulation outside constitutional protection, effectively allowing the state to maintain its higher age threshold for gun sales. Unless a buyer is an active-duty member of the U.S. military or a peace officer making a purchase as part of their official duties, the law prohibits anyone under 21 from buying a firearm in Colorado.
The outcome has been welcomed by state officials who argue that the measure promotes public safety without infringing on constitutional rights. A spokesperson for Governor Jared Polis emphasized the state's commitment to becoming one of the ten safest in the nation and described the age requirement as a common-sense approach to responsible gun ownership. "Governor Polis is glad to see the court affirm that Colorado’s common sense law does not infringe on Second Amendment rights…this law has and will help keep Coloradans and our communities safe," said Communications Director Conor Cahill.
The Colorado ruling adds to a patchwork of state laws and judicial opinions regarding age restrictions for gun sales. Notably, it stands in stark contrast to a 2023 decision issued by the 5th Circuit Court of Appeals, which found that federal age-based bans on handgun purchases violated the Second Amendment rights of 18- to 20-year-olds. In that case, the judges argued that there was limited historical evidence of restricting firearm access for young adults at the time the Constitution was written, reinforcing a difference in judicial interpretation across the country.
The decision also comes amid heightened national debate over gun rights, especially following a 2022 Supreme Court ruling that struck down New York’s concealed carry restrictions. That high-profile decision prompted strong reactions from policymakers—including then-President Joe Biden, who criticized the Supreme Court for undermining state efforts to protect citizens from gun violence.
Across the United States, states such as New York, Massachusetts, California, Florida, Illinois, Delaware, and Vermont have implemented similar age restrictions for firearm purchases. While some focus solely on handguns, others, like Colorado, have extended the rules to all firearms. As legal challenges continue and conflicting opinions emerge from different federal courts, observers say the issue could ultimately return to the U.S. Supreme Court for a definitive nationwide resolution.
