SB25-003: A Constitutional Violation and a Threat to Public Safety

SB25-003, which seeks to ban virtually all semiautomatic firearms capable of accepting detachable magazines, is an outright attack on the constitutional rights of Coloradans. The Second Amendment of the United States Constitution unequivocally protects the right to keep and bear arms, a right reaffirmed by multiple landmark Supreme Court rulings. This proposed legislation not only violates that fundamental right but also ignores clear evidence that gun restrictions like these do nothing to enhance public safety. Instead, they create fertile ground for continued increased crime, leaving law-abiding citizens defenseless while emboldening criminals.

A Clear Violation of the Constitution

The Supreme Court has repeatedly struck down laws that infringe upon the Second Amendment. In District of Columbia v. Heller (2008), the Court ruled that individuals have the right to possess firearms independent of militia service, and that this right extends to weapons “in common use” for lawful purposes such as self-defense. SB25-003’s sweeping ban on semiautomatic firearms violates this standard, as millions of Americans rely on these firearms for personal protection, hunting, and recreational shooting.

Further, in McDonald v. Chicago (2010), the Court extended Second Amendment protections to state and local governments, emphasizing that the right to bear arms is fundamental and cannot be arbitrarily restricted. Most recently, New York State Rifle & Pistol Association v. Bruen (2022) established the “text, history, and tradition” framework for evaluating firearm regulations. According to this standard, restrictions must align with the nation’s historical tradition of firearm regulation at the time of the Founding. SB25-003 utterly fails this test. At no point in U.S. history have there been laws restricting magazine capacities or banning semiautomatic firearms that are as widespread and commonly used as those targeted by this bill.

By directly contradicting established legal precedent, SB25-003 is not only unconstitutional - it is indefensible in a court of law.

The Proven Failures of Gun Restrictions in Colorado

Since the tragic Aurora shooting in 2012, Colorado has become a testing ground for restrictive gun laws, with over 20 new regulations passed in the last decade. Advocates for these laws promised reduced violence, yet the opposite has occurred. According to FBI crime statistics, Colorado’s murder rate has more than doubled since 2013, despite - or perhaps because of - these restrictions.

These laws have not deterred criminals; they have disarmed law-abiding citizens. Criminals do not follow gun laws - they acquire firearms illegally, often through theft or the black market. Meanwhile, responsible gun owners, who rely on firearms for self-defense, are left vulnerable. SB25-003 continues this misguided trend, making it harder for Coloradans to protect themselves while doing nothing to address the root causes of gun violence.

The data is clear: Colorado’s increasing firearm restrictions correlate strongly with rising crime rates. Criminals are taking advantage of a disarmed populace, and law-abiding citizens are paying the price. The passage of SB25-003 would only exacerbate this dangerous trend, leaving families defenseless while emboldening those who seek to harm them.

Public Safety Demands Real Solutions, Not Political Theater

SB25-003 is not a solution to gun violence - it is political theater at its worst. The bill’s sweeping restrictions target firearms commonly used for self-defense, sport, and hunting, and it does nothing to address the underlying issues driving violent crime. Lawmakers should be focused on cracking down on illegal gun trafficking, and addressing mental health crises - real solutions that target criminals, not citizens.

Moreover, SB25-003 undermines trust in government by penalizing law-abiding gun owners. By threatening constitutional rights without offering any proven public safety benefits, this bill alienates responsible citizens and fosters resentment toward lawmakers. This is not how we build safer communities; it is how we deepen divisions and erode public trust.

A Call for Accountability and Action

Every department funded by taxpayer dollars is expected to account for every penny they spend - why shouldn’t lawmakers be held to the same standard when it comes to public safety? SB25-003 does not make Colorado safer; it makes law-abiding citizens less secure while emboldening criminals.

The rights enshrined in the Constitution are not negotiable, and the Second Amendment is no exception. The Supreme Court has made it clear: laws like SB25-003 are unconstitutional and will not stand. It is the duty of Colorado lawmakers to reject this bill outright and focus on real, effective solutions to address crime in our state.

Colorado families deserve better. They deserve leaders who will uphold the Constitution, protect their rights, and ensure their safety. It’s time to stop punishing those who follow the law and start holding criminals accountable. SB25-003 is a step in the wrong direction, and for the sake of our communities, it must not become law.