Poised for Passage: SB25-003 – What to Know and How to Take Action NOW!

Initially introduced as a sweeping ban on semi-automatic rifles, shotguns, and gas powered pistols that can accept detachable magazines, SB25-003 has since undergone numerous amendments, transforming it into a complex piece of legislation that impacts multiple facets of gun ownership and rights. From a blanket firearm ban, it has evolved into a complicated system mandating new licenses, stringent training requirements, and a gun owner registry under the guise of “enhancing safety”, as if mass shooters lack training and a license would stop their heinous acts. Consumers would be required to obtain a “Colorado Firearms Safety Course Eligibility Card” in order to purchase the above mentioned banned guns, and the program would be managed by Colorado Department of Parks and Wildlife (CPW) and financed through their Outdoor Parks and Recreation Cash Fund. This cash fund is funded through the purchase of state parks passes, camping fees, hunting and fishing licenses, and more. The monies from this fund were intended to maintain and enhance state parks and will now be rerouted to one of the most extreme pieces of gun control this nation has ever seen.

There are massive economic and social implications at play.

Blatant Second Amendment Violations:

District of Columbia v. Heller (2008) reaffirmed that firearms “in common use” for lawful purposes, such as self-defense, are protected under the Second Amendment. SB25-003 effectively bans semiautomatic rifles, shotguns, and pistols by requiring fixed-magazine modifications that are not commercially available or practically functional. Additionally, it fails the Miller Standard for Militia-Appropriate Firearms. United States v. Miller (1939) established that the Second Amendment protects firearms with a reasonable relationship to a well-regulated militia. Semiautomatic rifles, including AR-style firearms, are commonly used for self-defense and lawful militia purposes, meaning they fall under the Miller standard of protection.

Permit to Purchase Scheme is Unconstitutional:

New York State Rifle & Pistol Association v. Bruen (2022) struck down New York’s “may-issue” permit system, ruling that gun regulations must align with historical precedent and cannot impose excessive burdens on the right to bear arms. SB25-003 mimics unconstitutional “may-issue” policies by requiring state-mandated training and a permit before firearm purchases, placing unjustifiable obstacles in the way of lawful gun owners.

Unethical Mismanagement of CPW and Designated Funds:

CPW being at the core of enforcing and funding gun control, and facilitating what will be a gun owner registry, is the anthesis of its purpose. It will turn Colorado into a state unfriendly to hunting, not just for residents, but non-residents, with non-resident elk hunting licenses contributing the largest revenue share due to their higher cost. It will make people boycott the purchase of park passes, especially the Keep Colorado Wild Pass, which are easily available when registering vehicles. SB25-003 is a misuse of the Parks & Recreation Cash Fund, millions of dollars that’s meant to ensure our state parks are well-maintained and safe.

Rights Only for the Wealthy and Privileged:

The bill has repeatedly been amended to make firearm ownership downright unaffordable and inaccessible, targeting the economically disadvantaged and marginalized communities. The proposed fees, mandatory training, and extensive background checks would ensure only the wealthy have access to the most popular firearms in Colorado. This effectively prices out lower-income individuals, single parents, and those with disabilities.

Constitutionally, Murdock v. Pennsylvania (1943) ruled that the government cannot impose a fee on exercising a constitutional right. SB25-003 requires paid firearm safety courses and permit fees, effectively creating a financial barrier to the exercise of Second Amendment rights.

Law Enforcement Given Ability To Deny For Any Reason:

Through an amendment added during the House Judiciary committee hearing, seven self-proclaimed progressive Democrats, who wear their “commitment to combatting injustice in our justice system” like a badge of honor, voted to give law enforcement broad powers over who can purchase semi-automatic rifles, shotguns and pistols.

This vague and subjective permit denial process violates due process. The bill allows permit denials based on subjective language, stating that a sheriff “may deny” an application based on a “reasonable belief” that the applicant is a danger. There is no clear standard of evidence for denying a permit, violating due process rights by allowing arbitrary denials with no clear appeal process. New York State Rifle & Pistol Association v. Bruen (2022) ruled that subjective discretion in issuing firearm permits violates the Second Amendment.

Exacerbating Racial Inequity:

The bill drafters and sponsors predict significant racial discrepancies in future violations of the new firearm regulations. Historical data on the bill’s fiscal note states that similar firearm regulations have disproportionately impacted Black Coloradans, who constitute just over 4% of the state’s population, but accounted for 42.36% of convictions under similar existing laws. (These stats can be found on page 4 of the bill’s fiscal note in the first paragraph under “Prior Conviction Data”.)

This bill would perpetuate and deepen these disparities, contradicting the stated intentions of progressive lawmakers who have voted this bill forward every step of the way to fight systemic racism, and instead enshrining it even further into law.

Potential Threats to Traditional Practices and Rural Life:

The bill’s extensive requirements threaten to overwhelm CPW’s hunter safety classes, which are essential for safe and responsible hunting. This could deter new hunters, affecting wildlife conservation efforts and traditional hunting practices. Additionally, for residents of rural and mountainous regions of Colorado, the requirements imposed by SB25-003 are not just burdensome but potentially unattainable, threatening their livelihoods and safety.

Americans with Disability Act Legal Considerations:

If Colorado SB25-003’s firearms safety courses and testing does not provide accommodations for individuals with Dyslexia, ADD/ADHD, Deaf/Hard of Hearing, or Specific Learning Disabilities (SLD), it would violate the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act.

Under ADA and Section 504, any state-mandated training program must provide reasonable accommodations to ensure equal access for individuals with disabilities. Reasonable accommodations could include:
Audio versions & simplified text for individuals with dyslexia and SLDs.
Extended testing time & flexible pacing for individuals with ADD/ADHD or processing disorders.
American Sign Language interpreters & captioning for deaf and hard-of-hearing individuals.
Alternative assessment methods (oral exams, untimed tests, interactive learning).

SB25-003 is a test of our values regarding justice, equality, and the preservation of constitutional rights, and all Coloradans must take a stand. Please take action NOW and urge others to do so as well!