By Dave Workman
Editor-in-Chief
Legislation that would ban so-called “assault weapons” in Colorado has been introduced by state Reps. Elisabeth Epps and Tim Hernández, but according to the Colorado Sun, the bill faces uncertainty.
House Bill 1292 has 14 co-sponsors. The Denver Post is reporting it would ban the sale, transfer and importation of modern semiautomatic rifles.
According to the bill summary, HB 1292 also bans the manufacture, purchase and “transferring ownership” of an “assault weapon.” There are exceptions, as detailed in the bill summary:
- A member of the United States armed forces, a peace officer, or other government officer or agent, to the extent that the person is otherwise authorized to acquire or possess an assault weapon and does so while acting within the scope of the person’s duties;
- The manufacture, sale, or transfer of an assault weapon by a licensed firearms manufacturer to any branch of the United States armed forces, or to an entity that employs peace officers, for use by that entity or its employees;
- The transfer of an assault weapon to a licensed firearms dealer or gunsmith for the purposes of maintenance, repair, or modification, and the subsequent return of the assault weapon to the lawful owner;
- Any federal, state, or local historical society, museum, or institutional collection that is open to the public, provided that the assault weapon is securely housed and unloaded;
- A forensic laboratory, or any authorized agent or employee of the laboratory, for use exclusively in the course and scope of authorized activities;
- An entity that operates an armored vehicle business and an authorized employee of the entity while in the course and scope of employment;
- A licensed gun dealer who has remaining inventory of assault weapons as of August 1, 2024, and sells or transfers the remaining inventory only to a non-Colorado resident and the sale or transfer takes place out of state; or
- A peace officer.
This is the second time in two years Democrats have offered a gun ban bill. As noted by Colorado Public Radio (CPR), last year a similar measure failed by a single vote in a Democrat-controlled committee. CPR said the issue is polarizing. Republicans are unanimously opposed, and Democrats are “divided.” It is not clear how a ban would be enforced.
The bill specifically identifies several firearms that would be banned, along with .50-caliber rifles. Additionally, the bill also prohibits possession of “rapid fire trigger activators.”
The bill spans 16 pages including the summary.
CPR is reporting that the Rocky Mountain Gun Owners (RMGO) is already threatening legal action should HB 1292 pass. The organization says the bill is unconstitutional. Executive Director Taylor Rhodes said any sort of “arms” will not pass muster under the Supreme Court’s 2022 Bruen ruling.
The question of a gun ban may be moot if the Supreme Court agrees to hear challenges to “assault weapon” bans in Illinois and Maryland. Litigants in both cases include the Second Amendment Foundation.
In the Illinois case, SAF is joined by the Illinois State Rifle Association, Firearms Policy Coalition, Inc., C4 Gun Store, LLC, Marengo Guns, Inc., and a private citizen, Dane Harrel.
In Maryland, SAF has partnered with the Citizens Committee for the Right to Keep and Bear Arms, Firearms Policy Coalition, Field Traders, LLC, and three private citizens, David Snope, Micah Schaefer and Dominic Bianchi.
