The new Colorado ghost gun ban, which went into effect on New Year’s Day, is already facing legal challenges. This law makes assembling untraceable guns using kits or 3-D printers illegal in the state.
However, within hours of its implementation, two gun rights groups initiated a lawsuit against the state, arguing that the Colorado ghost gun ban does not align with the Supreme Court’s 2022 Bruen ruling’s “historical standard” test.
Understanding Ghost Guns
Ghost guns, which can be made at home using 3D printers or DIY kits, enable individuals to acquire firearms without undergoing background checks. The Colorado ghost gun ban prohibits the possession or transfer of guns lacking serial numbers and restricts manufacturing of guns and gun parts to federally licensed manufacturers.
Historical Standard for Gun Manufacturing
The lawsuit, filed by the National Association for Gun Rights and Rocky Mountain Gun Owners, contends that the Colorado ghost gun ban violates the historical standard for gun laws. Historically, Americans were not required to have a license for home gun manufacturing, a practice common among settlers. This argument forms the crux of their challenge to the Colorado ghost gun ban.
Colorado Ghost Gun Ban…Unconstitutional?
Additionally, the lawsuit against Colorado Governor Jared Polis, filed in federal court, seeks to block the enforcement of this law, which was passed by the state legislature and signed in June. The Colorado ghost gun ban makes it a misdemeanor to possess, sell, or create unserialized guns and parts. The plaintiffs, including three Colorado gun owners and the two groups, are requesting an immediate suspension of the law and a declaration of its unconstitutionality.
The Colorado Ghost Gun Ban Is One Among Other Lawsuits
This lawsuit is part of a broader pattern in Colorado, where conservative groups increasingly assume legal challenges against new firearms laws. The argument hinges on the Supreme Court’s recent framework for evaluating gun laws, questioning if the Colorado ghost gun ban fits within the historical context of America’s firearm regulations.
Rocky Mountain Gun Owners have previously used this historical argument successfully to challenge other gun reform laws, including one mandating gun purchasers be at least 21 years old. Another law, enforcing a minimum three-day waiting period for gun possession post-purchase, was upheld despite their efforts.
As debates around gun reform intensify, the challenge against the Colorado ghost gun ban marks another significant moment in the ongoing national conversation on firearms legislation and the interpretation of the Second Amendment.
States where ghost guns are illegal or heavily regulated
If you live in or plan to travel to one of the following states, be sure to read up on ghost gun legislation so you don’t find yourself on the wrong side of the law:
- California
- Colorado (new in 2024)
- Connecticut
- Delaware
- Hawaii
- Maryland
- Massachusetts
- Nevada
- New Jersey
- New York
- Rhode Island
- Virginia
- Washington, D.C.
- Washington
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“This course is highly recommended for anyone who wants to learn gun safety, MD & Federal laws along with how to properly use and fire your handgun.” – Kirston G.
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What are your thoughts on ghost guns? Are you personally in favor or opposed to them? Does the Colorado law go too far?Join the Concealed Coalition Facebook group and weigh in!
Disclaimer: All of the information included in this article is believed to be accurate to the best of our knowledge as of January 2024.
