Attorney General Bonta Joins Amicus Brief Backing Colorado’s Commonsense Age Restrictions on Firearms

OAKLAND — California Attorney General Rob Bonta, as part of a coalition of 19 attorneys general, filed a brief in support of a Colorado law setting 21 as the minimum age to purchase any kind of firearm. The case, Rocky Mountain Gun Owners v. Polis, is currently pending in the U.S. Court of Appeals for the Tenth Circuit. The coalition’s brief argues that a lower court erred its decision to temporarily halt enforcement of the law while the litigation challenging the constitutionality of the law proceeds. States across the nation protect their citizens through the application of similar age-based restrictions on the possession, purchase, sale, transfer, or use of firearms because such laws have proven to promote public safety and curb gun violence within their borders.

“States must have the ability to protect their citizens and communities from gun violence,” said Attorney General Bonta. “The district court's decision to preliminarily enjoin Colorado's law is inconsistent with our nation's historical tradition, as well as longstanding state and federal laws imposing age-based restrictions on the possession, purchase, sale, transfer, and use of firearms. We stand with Colorado and other states in their efforts to end gun violence through commonsense laws that improve public safety."

In the brief, the states assert that Colorado’s law is constitutional under the Second Amendment, as it is consistent with states’ authority and a historical tradition of federal and state regulations promoting gun safety and protecting communities from gun violence. The coalition argues that the district court’s decision preliminarily enjoining Colorado’s law misreads the U.S. Supreme Court’s decision in New York State Rifle & Pistol Association, Inc. v. Bruen, which preserves states’ authority to regulate firearms through laws that are “consistent with the Second Amendment’s text and historical understanding.”

Attorney General Bonta urges the Tenth Circuit Court of Appeals to overturn the district court decision because:

• The Second Amendment allows states to enact varied measures to promote gun safety and protect against gun violence consistent with historical tradition, and states have long exercised this power by enacting laws to promote safety, prevent crime, and minimize gun violence within their borders.
• Colorado’s age-based restrictions are consistent with measures taken by other states and fall comfortably within states’ authority to regulate firearms. Numerous States and the District of Columbia impose age-based restrictions regarding the use, purchase, transfer, or possession of firearms. Courts have previously upheld these restrictions relying on the historical record as is now required by Bruen.

 Attorney General Bonta stands with partners throughout the state to continue tackling the issue of gun violence strategically and aggressively by:

• Defending California’s commonsense gun laws, including its assault weapons ban and restrictions on large-capacity magazines.
• Educating the public on gun violence prevention through the Office of Gun Violence Prevention, including through the first-ever data report issued by the office to provide a robust review of gun violence data in California and throughout the U.S. and to help guide policy and strategy discussions related to reducing gun violence.
• Advocating for gun laws including by sponsoring Assembly Bill 1594 to increase accountability for the firearm industry, working to strengthen federal laws to protect the public from ghost guns, and successfully defending California’s laws to prevent gun violence.
• Seizing guns from prohibited persons in the Armed and Prohibited Persons System, and through multiagency sweeps in the Bay Area and Los Angeles County, conducting operations targeting individuals attempting to illegally purchase guns, and collaborating with local law enforcement partners.
• Ending the sale of illegal firearms through litigation against ghost gun retailers, and by putting a stop to the sale of illegal assault weapons in Orange County 

Attorney General Bonta joins the attorneys general of Illinois, Arizona, Connecticut, Delaware, Hawaii, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New York, Oregon, Pennsylvania, Rhode Island, Vermont, Washington, and the District of Columbia in filing the brief.

A copy of the brief can be found here.