Rocky Mountain Gun Owners v. Polis

Defending Colorado’s age restriction on the sale of firearms. 

Court: Tenth Circuit

Issue at Stake: Restricting the sale of firearms to individuals under the age of 21.

Summary: Rocky Mountain Gun Owners v. Polis is a Second Amendment challenge to Colorado’s law prohibiting the sale of firearms to individuals under the age of 21. Plaintiffs argue that the restriction deprives 18- to 20-year-olds of their Second Amendment rights.  

Everytown filed an amicus brief in the Tenth Circuit, arguing that Colorado’s law is constitutional under the approach to Second Amendment cases set out in New York Rifle & Pistol Ass’n v. Bruen. First, the brief explains that plaintiffs have not met their burden to establish that the Second Amendment’s plain text covers individuals under the age of 21. Second, the brief argues that Colorado’s restriction is consistent with historical tradition, regardless of whether the court centers its historical analysis on the founding or Reconstruction era. Third, the brief explains that if the court reaches the question of which time period is more relevant to its historical analysis, it should focus its analysis on 1868 as opposed to 1791 and should also consider earlier and later laws.

Decision: This case was argued before the Tenth Circuit on May 14, 2024 and is pending decision.

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