Colorado Semi-Auto Ban Moves to State Senate

April 18, 2024 By Mark Chesnut

And with Democrats in the Colorado House of Representatives recently passing a sweeping ban on common semi-auto firearms, which they refer to as “assault weapons,” Colorado is one step closer to pushing a California-style restriction on its citizens. The 35-to-27 vote was largely along party lines. HB24-1292's broad definition of “assault weapon” bans all semi-automatic rifles including the AR-15—the most commonly owned rifle in the nation—as well as countless other rifles, pistols, and shotguns that Coloradans use for competition, target shooting, hunting and self-defense.

According to the text of the bill, an “assault weapon” is defined as: A semi-automatic rifle that has the capacity to accept a detachable magazine or that maybe modified to accept a detachable magazine and has one or more of the following characteristics: a pistol grip or thumbhole stock; any feature capable of functioning as a protruding grip that can be held by the non-trigger hand; a folding, telescoping or detachable stock that is otherwise foldable or adjustable in a manner that operates to reduce the length, size or other dimension or otherwise enhances the ability to conceal the weapon; a muzzle brake, a functional grenade launcher or flare launcher; a shroud attached to the barrel or that partially or completely encircles the barrel, allowing the bearer to hold the firearm with the non-trigger hand without being burned; or a threaded barrel.”

Of course, most AR-15s meet at least four or five of those criteria. Unfortunately, many other rifle designs also have one or more and will be caught up in this effort that ostensibly targets AR-style rifles. The introduction to the measure makes several false statements, including: “Assault weapons are not suitable for self-defense and are not well-suited for hunting, sporting or any purpose other than mass killing.” The intro also regurgitated another common lie: “Banning assault weapons leads to a drop in mass shootings and gun massacres. In the 10 years that assault weapons were limited by a federal ban, gun massacres dropped drastically, by at least 37 percent.”

That, of course, is untrue. After Congress allowed the Clinton gun ban to sunset, a government study reported that the ban had no significant effect on violent crime one way or the other. Incidentally, the legislation isn’t without some sharp teeth behind it. According to the bill’s text, “A person in violation of the prohibitions will be assessed a first-time penalty of $250,000 and $500,000 for each subsequent violation.” With the measure now going to the state Senate, gun-rights groups are sounding the alarm to their members to try to head off the legislation. Unfortunately, the state Senate also has a huge Democrat majority made up of 46 Democrats to 19 Republicans.

“The ban is so broad, it would outlaw most rifles, shotguns and even handguns, along with firearm accessories like a foregrip, adjustable stock, pistol grip, and barrel shroud,” the National Association for Gun Rights (NAGR) said in an alert to members. The National Rifle Association (NRA) is also rallying members to oppose the measure. “This unconstitutional ban on commonly owned firearms is the most anti-gun bill ever passed by the Colorado House,” said Travis Couture-Lovelady, NRA Colorado state director. “The NRA will continue to fight against this egregious bill as it moves through the legislative process."

Democrat Gov. Jared Polis has expressed reservations about the bill, however. Last year, Gov. Polis signed four less comprehensive gun control laws, including raising the minimum age for purchasing firearms to 21, establishing a three-day waiting period for gun purchases, enhancing the state’s red-flag law and reducing legal protections for the firearms industry. Note that the semi-auto ban is not the only arguably unconstitutional measure being considered in the state legislature this session. Other measures under consideration would enact an 11% tax on gun and ammunition sales, increase standards for concealed handgun training classes and expand the list of “sensitive places” where carry of firearms would be prohibited. Of course, should the measure pass and be signed by the governor, gun-rights groups have already acknowledged that they’ll challenge the law in court.

Taylor Rhodes, Executive Director of Rocky Mountain Gun Owners, testified before the committee: “Let me be clear: If this bill is signed into law, before the ink is dry, I will file a lawsuit, I can promise you that.”

About the Author

Freelance writer and editor Mark Chesnut is the owner/editorial director at Red Setter Communications LLC. An avid hunter, shooter and political observer, he has been covering Second Amendment issues and politics on a near-daily basis for nearly 25 years.

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