After SB25-003 Passed, One Constitutional Move Was Left - And It Was Ignored

Last Friday, the Colorado Senate passed SB25-003, the so-called “Semiautomatic Firearms & Rapid-Fire Devices” bill, as amended by the House – and with that vote, the legislation is now on its way to the Governor’s desk. It’s a deeply flawed and constitutionally questionable bill that infringes on the Second Amendment rights of law-abiding citizens, and I want to take a moment to explain just how hard Republicans fought this – and why our work is not done.

When this bill came to the House floor, Republicans from all over the state stood together in a unified, tireless effort to defeat it. We brought forward dozens of thoughtful, reasonable, and constitutional amendments in good faith. We stayed on the floor until late in the evening, debating this bill with everything we had. I’ve never been prouder to stand beside my colleagues in defense of the Constitution, public safety, and the rights of law-abiding Coloradans.

But after more than 13 hours of floor debate and every amendment rejected, it became clear the majority was determined to pass this bill no matter the arguments made or the voices raised in opposition. So, I began exploring the next available tool under Colorado law.

Buried within our state constitution is a little-known provision: under Article VI, Section 3, the Governor, Senate, or House of Representatives may submit legal questions to the Colorado Supreme Court and request an advisory opinion on the constitutionality of any proposed legislation – before it becomes law. While the Court’s ruling is not legally binding, it does carry tremendous moral and legal weight.

I quickly drafted a House resolution and collected the co-sponsor signatures from all House Republicans to make this referral. These signatures served as a powerful demonstration of the House GOP’s united resolve to clarify important constitutional questions. The plan was simple: give the Supreme Court an opportunity to weigh in before the bill reached the Governor’s desk.

Unfortunately, Senate Democrats chose not to introduce the resolution, opting instead to move forward with the passage of the bill.

While I will always work to maintain collegiality with my colleagues, I must express my disappointment that the Senate Democrats decided against advancing the referral to the Supreme Court. When we are fighting for the Constitution, we must do so exhaustively, strategically, and with full use of every available tool – especially when so many Coloradans are relying on us to do exactly that.

The fight is not over. Governor Polis now holds the pen. He can still veto this bill. I urge every citizen of this state who values liberty, due process, and constitutional governance to contact the Governor’s office and demand he reject this deeply flawed, likely unconstitutional legislation.

SB25-003 does not enhance public safety.

It criminalizes legal firearm ownership, targets responsible citizens, and creates confusion and legal peril over vague language around “rapid-fire devices” and common semiautomatic configurations. Even the funding mechanism for enforcement pulls from Colorado Parks & Wildlife – an act that may jeopardize federal matching dollars and bankrupt the very department responsible for preserving our natural heritage.

We have reached a point in Colorado politics where political agendas are overriding constitutional constraints. That cannot become the norm. The people of this state deserve better.

And to the thousands who’ve contacted me – who’ve shown up, spoken out, and stayed engaged – I see you, I stand with you, and I will continue to fight for your rights. Let’s keep up the pressure. Let the Governor hear your voice.

Sincerely,

Representative Max Brooks
Colorado House of Representatives | District 45