Colorado’s Democratic-controlled House on Sunday passed a bill that would ban the sale and transfer of semiautomatic firearms, a major step for the legislation after roughly the same bill was swiftly killed by Democrats last year.
The bill, which passed on a 35-27 vote, is now on its way to the Democratic-led state Senate. If it passes there, it could bring Colorado in line with 10 other states — including California, New York and Illinois — that have prohibitions on semiautomatic guns.
But even in a state plagued by some of the nation’s worst mass shootings, such legislation faces headwinds.
Colorado’s political history is purple, shifting blue only recently. The bill’s chances of success in the state Senate are lower than they were in the House, where Democrats have a 46-19 majority and a bigger far-left flank. Gov. Jared Polis, also a Democrat, has indicated his wariness over such a ban.
I’ll give up my guns when the cops do it first.
You ever seen cops shoot?
I’ve seen a bunch of 'em get DQ’d from matches for being unsafe, or drop out when it was clear their scores were trash.
The goal isn’t to beat the cops. It’s to defend against neonazis.
Do you think the cops are gonna disarm neonazis? Or will they just use gun bans as an excuse to murder more black people?
Do you think the cops are gonna disarm neonazis? Or will they just use gun bans as an excuse to murder more black people?
You think black people with firearms are less likely to be shot by police?
The goal isn’t to beat the cops. It’s to defend against neonazis.
How’s that going? Because from the outside, it looks like this.
Guns dont defend shit. We have all the guns, its not going well. A gun ban at least slows down supply. And starts a long path to becoming like developed countries that arent murderous gun nuts like we are.
He’s just gonna be a punk to the gangbangers like in El Salvador before the crackdown.
Im just always flabbergasted when ever someone thinks theyre keeping the government in line with their civilian arms. Like they suddenly dont know what kinda firepower the US government has.
This will get struck down, and it’ll be the one thing I agree with when it does. You can’t just make everything except bolt-action rifles illegal. Semi-automatic firearms encompasses 99% of what people use for self defense in America. This is a clear violation of rights.
Right or wrong it’s a constitutional right for a reason, and that reason has nothing to do with hunting.
Similar to GOP and abortion, dems need to drop this fight. Let’s fix healthcare and save/improve more lives than almost everything else you could spend time on.
I wish beyond wishing that O’rourke would have just shut the fuck up and deferred about coming after people’s guns in Texas. I really wonder if he could’ve squeaked a victory and Texas would be quite different today. Guns are a losing issue. Even more so than abortion or ‘the gays!’, guns bring single-issue voters out from everywhere.
Yup. The good news is that it looks like this year will be the best chance in a long time to ditch Ted Cruz.
https://projects.fivethirtyeight.com/polls/senate/2024/texas/
Yes, it was definitely a self-inflicted wound, or maybe a tacit acknowledgement that the campaign was doomed anyway, before the public numbers made it obvious. There is a career path to being on the record with that position, though not in statewide political office in Texas.
I grew up in Florida and lived most of my adult life in Texas, and guns have always been a presence. I still own several, but they’ve been locked in my father-in-law’s garage for several years now; I’m ambivalent about what to do with them, and I don’t find any joy in “target practice” or fetishizing them as a hobby. Skeet shooting with cheap bird-shot might still be pretty fun, but my single-shot 12ga will be perfectly adequate for that if I ever take it back up.
Chronic gun violence is a tragic, horrific thing that is a fact of life in the US, which is unique among stable democracies. It should be low-hanging fruit to regulate guns very heavily, but due to weird quirks of history and even fuckin’ grammar, it’s not. The only solace is that while gun violence in this country should be near zero, like it is in almost every other stable country in the world, it’s not actually a daily threat for most people. It’s a statistically significant cause of death for people who shouldn’t normally be dying, but it’s possible to overstate the impact of the actual numbers. It’s still rare, though unlike the other equally rare things on the list (e.g. cancer, heart attacks), it’s completely preventable, in theory, and therefore even sadder and more frustrating.
So theory is nice, but the history and legal framework around guns in this country means anything beyond baby steps is a political nonstarter and very nearly as hard as “curing cancer”. While I acknowledge it literally costs lives not to act, it will cost more, including more from gun violence, over the medium term, to campaign in ways that lose close elections to people who would love to dismantle the already inadequate social safety net and encourage “old timey” open racists and even worse foreign policy than we have now. Those who feel passionately about guns should not be silent, but if you’re running a surprisingly competitive campaign in a stubbornly red state, you should consider the political implications before committing to unrealistic goals that piss off people who could be persuaded to vote for you if they don’t think guns are your priority.
I would prefer much stronger gun control laws and I still agree with you. There are better fights to fight and more likely to win. This feels like empty posturing in an election year.
It is my CONSTITUTIONAL RIGHT to own a ROCKET LAUNCHER! You CAN’T Discriminate between Firearms! Also TRANS PEOPLE shouldn’t get Free Speech!
You’re right. It has to due with being able to call up a militia. I don’t see any of these gun stores asking for militia papers before selling.
Militia didn’t mean the same thing back then. It meant “any able bodied adult to be called up at a moments notice.”
There’s also a (not surprisingly) racist background to the 2nd as well:
https://www.npr.org/2021/06/02/1002107670/historian-uncovers-the-racist-roots-of-the-2nd-amendment
“It was in response to the concerns coming out of the Virginia ratification convention for the Constitution, led by Patrick Henry and George Mason, that a militia that was controlled solely by the federal government would not be there to protect the slave owners from an enslaved uprising. And … James Madison crafted that language in order to mollify the concerns coming out of Virginia and the anti-Federalists, that they would still have full control over their state militias — and those militias were used in order to quell slave revolts. … The Second Amendment really provided the cover, the assurances that Patrick Henry and George Mason needed, that the militias would not be controlled by the federal government, but that they would be controlled by the states and at the beck and call of the states to be able to put down these uprisings.”
I don’t think that’s actually what we would want. Militias at this point would just be indoctrination machines.
Agreed. The 2A is a right, full stop. Doesn’t matter if you or I like it, the courts agree, and have historically.
You’ll get a dozen dumb arguments, but none will address the fact of the 2A. And there’s no way it gets overturned given our amendment procedures.
This is actually a pretty dumb stunt. It’s going to lose in court, zero doubt. And now there’s more precedence.
A lot more than what? Bolt action? Yes, because as the parent said, nearly all guns are semi auto.
You can’t just make everything except bolt-action rifles illegal.
Britain did.
And if we’re going on the intent of the founders, they mostly had muzzle-loaders in mind. They certainly didn’t consider automatic weapons able to fire huge amounts of bullets extremely quickly.
Britain doesn’t have a 2nd Amendment.
Now, if you want to repeal it, sure, there’s a process for that…
Start by getting 290 votes in the House. The same body that struggles to get a simple 218 vote majority to decide who their own leader is.
Then you get 67 votes in the Senate. The same body that struggles to get 60 votes to overcome a filibuster.
Then, assuming you get all that, you need ratification from 38 states. In 2020, Biden and Trump split the states 25/25. So you need ALL the Biden states (good luck getting Georgia!) and 13 Trump states. For every Biden state you lose, you need +1 Trump state.
Unless you just have a sensible court that don’t claim to be “Originalists” while at the same time ignoring the fact that the arms the founders were think of were not ones that didn’t exist at the time.
Was discussing this recently. A big bit of context that is important is how the founders intended for the military to be organized for their fledgling nation. Their intent was that there be no standing army because all of the powers that they knew that had them used them for imperialism and tyranny. So, the intent was to prevent states from getting in the way of raising regular (trained and uniformed) and irregular (anyone who could shoulder a musket) militia, should it be necessary to defend the nation against an incursion from a hostile power.
Now, it’s been well over a hundred years since the US has had a standing army. While that does not technically invalidate the Second Amendment, it does make it an anachronism that doesn’t fit in the context of the modern world. It should have been re-legislated as soon as a standing army became a thing.
Now, if only there were a mechanism built into the US Constitution to allow it to be updated to fit the needs of the nation. Maybe they could have called them “Changements”. /s
Agreed! It’s UNCONSTITUTIONAL to have ANY form of Regulation on Arms! Why is it ILLEGAL for me to not be able to own a Grenade Launcher? UNCONSTITUTIONAL!
you CAN own a Grenade Launcher. you just have to jump through ATF hoops and pay hella tax.
Guess it isn’t a right in that case. Last time I checked I don’t have to pay money and fill out paperwork to express my political opinions.
Hey folks, this comment above mine is what’s called a ‘straw-man’ fallacy. It’s when you don’t have an argument against for the specific argument being stated, so you invent another similar but significantly different argument to argue against instead. The first comment states that it’s ridiculous to ban semi auto firearms when that’s the vast majority of guns you can buy, and the second commenter instead argues that they should be legally allowed to own a grenade launcher in sarcasm as an attempt to show how firearm legal restrictions are a good thing as they prevent the ownership of grenade launchers.
Also, it’s legal to own a grenade launcher in the US. It’s just not legal to own the grenades. Plus, a grenade launcher is really just any 37mm chambered weapon. It could fire grenades, flares, or smoke bombs. They’re also single shot weapons, so a semi-auto ban isn’t going to cover them.
If it passes there, it could bring Colorado in line with 10 other states — including California, New York and Illinois — that have prohibitions on semiautomatic guns.
Zero states ban semiautomatic firearms.
Yeah but AW is a meaningless label that means whatever the specific AWB says it means, AFAIK none of the states flat out prohibit the sale of all semiautomatic firearms, correct?
Supreme Court shoots it down in 3-2-1…
The Heller ruling in 2008 already decided this.
Washington D.C. had effectively banned pistols, the court ruled then:
https://supreme.justia.com/cases/federal/us/554/570/
“As the quotations earlier in this opinion demonstrate, the inherent right of self-defense has been central to the Second Amendment right. The handgun ban amounts to a prohibition of an entire class of “arms” that is overwhelmingly chosen by American society for that lawful purpose. The prohibition extends, moreover, to the home, where the need for defense of self, family, and property is most acute. Under any of the standards of scrutiny that we have applied to enumerated constitutional rights,[Footnote 27] banning from the home “the most preferred firearm in the nation to ‘keep’ and use for protection of one’s home and family,” 478 F. 3d, at 400, would fail constitutional muster.”
So, no, you can’t ban an entire class of weapon.
So, no, you can’t ban an entire class of weapon.
You absolutely can. Full-auto weapons are banned for general purchase in pretty much every state. Things like explosive-based guns are also banned. Flame-throwers, etc.
Heller is a clear violation of state’s rights to pass more-restrictive laws than the federal level. We’ve had tons of gun laws that restrict purchases and types of firearms for decades anyways on the state and local level.
General purchase, yes, but you can still buy one if you fill out the appropriate ATF paperwork and pay the HUGE transfer fees.
https://www.therange702.com/blog/can-you-legally-own-a-machine-gun/
"To legally own a machine gun, you first have to apply for approval from the federal government. After purchasing the gun, you must fill out an ATF Form 4 application and wait for approval before taking possession of the firearm. The FBI conducts a thorough background check using fingerprints and a photograph required with your application, which could take 9 to 12 months to process. The gun will need to stay in possession of the previous owner until the process is complete.
In addition, you will need to pay a $200 “NFA tax stamp” for each weapon transaction. If approved, you will receive your paperwork in the mail, including a permit with the listed lawful possessor of the firearm. Only then can you take the machine gun home and possess it legally."
This Colorado ruling doesn’t allow for that.
To be fair, even if it did, I could still see it being unconstitutional to the supreme court.
We don’t want to admit it, but we kind of weasled our way to ban automatic weapons which is why there is only a “practical” ban instead of an absolute one.
i.e. You can legally own full-auto weapons if you spend the money to do so.
I think it would be very interesting if some right-wingers tried to do something like this but frame it as though you can “only buy handguns/semiautomatics made before a certain date, gotta pay all these fees, etc.”
That could force the supreme court to look at whether the original “ban” on automatics is actually constitutional.
The whole bit about being primarily used for a lawful purpose seems important.
So, no, you can’t ban an entire class of weapon.
I don’t know about that. In general, rocket-propelled weapons and land mines are not legal for ownership. You even need special dispensation to own a fully automatic machine gun.
Those are explosives, completely different deal from firearms. Supreme court ruled on that too, Caetano, 2016:
https://supreme.justia.com/cases/federal/us/577/411/
“The Second Amendment covers all weapons that may be defined as ‘bearable arms,’ even if they did not exist when the Bill of Rights was drafted and are not commonly used in warfare."
Caetano is really my favorite of these rulings because it started out having nothing to do with guns.
Woman, scared of her ex, bought a stun gun for protection. Massachusetts arrested her, stated “stun guns didn’t exist back then, no 2nd Amendment right to a stun gun.”
Court “um, actually’d” them pretty hard.
So, you can’t ban a class of gun (Heller, 2008) and you can’t ban a bearable arm just because it didn’t exist 200 years ago (Caetano, 2016.)
And the court has only gotten MORE conservative since then, not less. :( This new ban is going to go nowhere fast, shame Colorado taxpayers are going to have to pay for a losing case.
Thank you for at least bringing the realistic approach to this conversation. It is by no means ideal, and sets us back from actually making streets safer. Anyone can purchase just about anything weapon-related in a country where political chaos and cultural divisions are a dime a dozen is really a cocktail for disaster. Of course people are going to lean on the argument that if the bad guys have the weapons than good guys shouldn’t be banned from having their own, because the number of untraceable weapons is already past critical mass.
Do stun guns use an explosive propellant? I never thought of it before, but it would make sense that they do. I only ask because I know that weapons that don’t aren’t classified as guns.
Stuff like coil guns, rail guns, and compressed air rifles aren’t controlled by gun laws and are unaffected by bans like this because they’re not “firearms.” For example, some states have a ban on putting a silencer on a gun, but nothing about owning a silencer. So it’s perfectly legal to put one on a compressed air rifle, and with how quiet they are, that makes them whisper quiet. Plus, 80% lowers aren’t considered guns either, so unless this law specifically calls them out, it’s still legal for anybody to go online and have one shipped right to their door. You usually don’t even need an F-ID card for that. Hell, even gunpowder doesn’t require a license below a certain amount.
Laws like this are, at best, a post hoc solution to a national and cultural problem, and more often than not just security theater.
You said ‘weapons,’ not ‘guns.’ If you meant guns, that would be a different issue. However, even there, fully-automatic machine guns are not generally available with a simple background check like other guns. You have to apply for a federal license to get them. So they are treated quite differently.
You can own both of those things, you just need the explosives permit from the BAFTE, and they are very strict about the permitting and furthermore the storage, etc of those items. If you don’t mind the FBI examining your butthole and the buttholes of everyone you know, along with massive fees and regular inspections of the items and their storage facility, then have at it.
This ban will apply to police as well?