Last week the Colorado Senate State Veterans and Military Affairs Committee advanced Senate Bill 25-3, which will ban the manufacture, purchase, and sale of certain semiautomatic firearms in the state that accept detachable ammunition magazines.
The U.S. Supreme Court may have inadvertently green-lit the bill.
If approved and signed into law, the banned weapons would include:
- AR and AK-style semiautomatic rifles and shotguns, often (and incorrectly) referred to as "assault weapons"; and,
- Gas-operated semiautomatic pistols — those that resemble AR-style rifles, but with shorter barrels and no stock.
Colorado Senate Republicans called the bill "one of the most extreme gun control bills in Colorado’s history." They added, “If passed, SB-003 will ban the sale of the majority of guns in our state."
Even law enforcement is opposed to the bill.
"As Sheriff, I will always oppose legislation which makes our communities less safe and erodes the constitutional rights of citizens." El Paso County (Colorado) Sheriff Joseph Roybal said in a statement.
El Paso County serves the area around and including Colorado Springs.
AR-style rifles are perhaps the most common long-gun in the United States.
As of 2024 there were an estimated 23 million legally owned AR-15s.
The joke that there are more AR-15s in existence than there are Ford F-150s may not be far off the mark. Therein lies the problem.
District of Columbia v. Heller is a landmark 2008 Supreme Court case holding that the Second Amendment protects the right of the people to possess weapons "in common use at the time."
Subsequent cases have only reaffirmed that decision. With 23 million legally owned AR-15s in the United States, what could be more "in common use”?
The U.S. Supreme Court has the chance to take up a pair of cases directly on point.
Snope v. Brown appeals Delaware's ban on so-called "assault weapons," and Ocean State Tactical, LLC v. Rhode Island appeals a ban on "large capacity" magazines — those capable of holding more than 10 rounds of ammunition.
Most standard magazines for semiautomatic handguns hold more than 10 rounds.
The court, so far, has punted on both cases.
It hasn’t granted certiorari (a grant of the right to appeal), but it hasn’t denied it either.
On the basis of Heller, and later decisions, this should be a no-brainer.
Not only are AR-style rifles "in common use" but so are magazines capable of holding more than 10 rounds.
Many gun owners are getting worried.
"While the Court granted certiorari in other cases, these pivotal gun rights challenges remain unresolved," said Lisa Greene for Survival World. "For gun owners nationwide, this delay raises critical questions about the future of firearm regulations."
It’s even possible for the court to delay a decision to hear the cases until next term, meaning no decision until the summer of 2026.
It only takes the vote of four of the nine justices to grant certiorari.
"Are there four votes to grant cert to a case challenging an ‘assault weapon’ or magazine ban?" asked Cam Edwards, an editor at Bearing Arms and a frequent Newsmax TV contributor.
"In theory, yes, but if there's not a fifth vote in favor of striking down those bans those justices may very well decide it's better to deny cert than to risk a precedential decision upholding those bans."
Whatever the delay’s reason it rebuts claims made by Democrats that the Supreme Court has become an ultra-conservative body. Sen. Chuck Schumer, D-N.Y., often refers to it as a "MAGA Court."
In truth, the court is composed of three conservatives, Justices Thomas, Alito, and Gorsuch; three liberals, Justices Sotomayor, Kagan, and Jackson; and three swing votes, Chief Justice Roberts and Associate Justices Kavanaugh and Barrett.
And the high court’s apparent reluctance to strike down state bans on weapons "in common use," in turn, could have prompted Colorado Democrats to introduce Senate Bill 25-3.
The faster that the Supreme Court’s swing votes recognize that the Second Amendment protects the private ownership of weapons "in common use" the faster states will stop infringing upon those rights.
Michael Dorstewitz is a retired lawyer and has been a frequent contributor to Newsmax. He is also a former U.S. Merchant Marine officer and a Second Amendment supporter. Read Michael Dorstewitz's Reports — More Here.