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Analysis: Will Colorado Ban ‘Assault Weapons’ This Year? [Member Exclusive]

March 27, 2024
in Firearms Law
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Gun-control advocates within the Centennial State hit a brand new milestone this week by getting an “assault weapon” ban handed out of a Home committee. Whether or not that momentum will translate into regulation, nevertheless, stays fairly murky.

On a 7-3 party-line vote, Home Democrats superior HB24-1292 out of the Judiciary Committee and onto the ground early Wednesday morning after a marathon listening to that lasted greater than 14 hours and noticed greater than 600 folks testify on the invoice.

That marked the primary time a gross sales ban on AR-15s and different semi-automatic firearms has ever handed out of a committee in Colorado’s historical past. It’s also a fast reversal of fortune for AR-15 ban supporters since the same measure died simply final yr in the identical committee when a number of Democrats crossed over to vote in opposition to it alongside Republicans.

With the wind at their backs and close to supermajority management of the state legislature, on paper, Colorado Democrats seem to have their finest alternative but to make the state the eleventh within the nation to undertake a ban on gross sales of in style weapons. However important hurdles stay.

Right here’s a have a look at the highway forward for supporters of the gun ban effort.

Colorado Home

The state Home presents the most effective venue for the ban invoice’s continued success. Democrats management the chamber 46-19, and it’s thought-about the extra progressive physique of the Colorado Normal Meeting.

Moreover, Home Democrats have maneuvered to present the invoice the very best odds of success on its journey out of the chamber. Home management shuffled the make-up of the Judiciary Committee heading into this legislative session, eradicating all however one of many Home Democrats who voted in opposition to final yr’s effort.

Home Invoice 1292’s sponsors additionally voluntarily amended the invoice throughout its first listening to Tuesday to assist fast-track it to the supermajority-controlled Home ground. As initially launched, the invoice contained civil penalties of as much as $500,000 for violators slightly than legal penalties. That might have compelled the invoice to make a cease within the Home Finance committee earlier than it might obtain a ground vote. That’s necessary as a result of it’s a far more narrowly Democratic-controlled committee, and it additionally simply so occurs to characteristic two of the Democrats who helped sink final yr’s ban effort.

As a substitute, they amended the invoice to incorporate legal penalties of as much as ten days in jail for violators of the weapons ban, permitting it to go on to a physique the place supporters can afford to lose just a few moderate-district “no” votes. As soon as introduced up, it’s tough to see the measure failing to go out of the Home.

Colorado Senate

In distinction, the state Senate is probably the most important near-term roadblock for proponents of the ban.

Whereas it’s nonetheless safely in Democratic arms by a 23-12 margin, its members are thought-about extra reasonable. They could be much less desirous to take up one thing as controversial as an outright ban on the sale of in style firearms. Notably, the Home-led invoice nonetheless lacks a single Senate co-sponsor, although the Denver Put up has reported that some senators have expressed curiosity in signing on.

Even when a Senator does come ahead so as to add their title to the measure, getting it out of committee will probably be one other story. That’s as a result of its probably first cease could be the Senate Judiciary Committee, the place Democrats solely maintain a one-member benefit. With Republicans unanimously opposing the proposal, the defection of a single Democratic committee member could be sufficient to sink the invoice but once more.

Moreover, the committee’s Vice Chair, Dylan Roberts (D.), represents a part of Colorado’s extra rural Western Slope and has proven a willingness to buck a few of his get together’s gun-control efforts prior to now. He voted in opposition to final yr’s measure to lift the minimal age to purchase firearms within the state in addition to the state’s new regulation permitting residents to sue gun companies for third-party criminality. Whereas he has not but given a definitive place on the assault weapon ban, it’s protected to say that getting his help on the invoice is not going to be a slam dunk.

Governor’s Workplace

Colorado Governor Jared Polis (D.) is the ultimate hurdle for supporters of the ban, and he represents one thing of a wildcard on the difficulty. His workplace didn’t reply to a request for touch upon whether or not he’d signal such a ban, and he has a blended file on the difficulty.

Whereas there’s some indication that he’s in opposition to the present effort to ban broad classes of generally owned firearms, he has not publicly taken a definitive stance both method. As a member of Congress representing Boulder in 2013, Polis took a agency stance in opposition to such bans.

“I imagine it might make it tougher for Colorado households to defend themselves and likewise intrude with the leisure use of weapons by law-abiding Coloradans,” Polis informed The Denver Put up on the time. “If we wish to cut back violence, we should always put money into enhancing our faculties to make sure that younger folks have jobs and don’t flip to gangs, crime or violence of any type, and enhancing entry to psychological well being companies.”

Simply 5 years later, nevertheless, he signed on to a renewed U.S. Home ban proposal as a co-sponsor shortly after the Parkland taking pictures.

“As our communities have skilled an increasing number of mass shootings, we can’t ignore the truth that assault weapons are a typical theme in nearly all of them,” Polis informed The Put up.

Throughout his preliminary run for Governor later that yr, he once more tried to carve out a reasonable lane on the gun difficulty in contrast along with his Democratic major opponents. And all through his tenure within the Governor’s workplace since then, he has by no means advocated for a ban, at the same time as he has been keen to signal roughly a dozen different gun-control measures into regulation.

In latest months, he has largely deflected from saying what he would do if a ban reached his desk whereas concurrently questioning the knowledge of utilizing political capital to pursue one in mild of the Supreme Courtroom’s 2022 Bruen resolution.

“We have now not but even succeeded in with the ability to increase the age restrict to (buy weapons in Colorado to) 21,” he informed The Colorado Solar final fall, referring to a federal courtroom resolution blocking the state’s under-21 gun ban, when requested about the potential of an assault weapon ban.

None of meaning a ban is unattainable. Given the state’s steadiness of energy and the way in which that assault weapon bans have turn into Democratic-party orthodoxy lately, that could possibly be sufficient for progressives to proceed constructing help for the invoice to get it throughout the end line.

Alternatively, the extra reasonable Democrats do not need the identical urge for food for the difficulty that gun-control advocates and their safe-district counterparts do. Regardless of the state’s blue-trending political trajectory, that could possibly be sufficient to doom the ban.

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