Federal Judge in Colorado Argues That There is No Second Amendment Right to Purchase a Firearm
Jose Nino
|
In the case of Rocky Mountain Gun Owners v. Polis, a federal judge, recently ruled that the Second Amendment does not protect the right to purchase a firearm.
This case was initially filed by pro-gun organization Rocky Mountain Gun Owners, which challenged the Colorado state government’s three-day waiting period for gun purchases.
Judge John L. Kane, a federal judge appointed to the bench by then-president Jimmy Carter in 1977, issued a ruling where he argued that the right to own a firearm doesn’t cover the right to obtain one.
Judge Kane stressed the following: “[P]urchase and delivery are one means of creating the opportunity to ‘have weapons.’ The relevant question is whether the plain text covers that specific means. It does not.”
Kane added, “Even if purchasing a firearm could be read into the terms ‘keep’ or ‘bear,’ receipt of a firearm without any delay could not be, as the Founders would not have expected instant, widespread availability of the firearm of their choice.” Kane tried to strengthen this argument by alluding to “expert” testimony that highlighted how gun purchases in the early days of the American Republic were not as expeditious or accessible as they are in contemporary times.
Overall, Kane tries to stretch his reasoning in this case in order to justify a major infringement on the Second Amendment. Colorado is trending in a bad direction as far as gun policy is concerned. The Rocky Mountain State used to be one of the most pro-gun jurisdictions in the nation. However, after a Democratic takeover of its state politics that kicked off in the early 2010s, Colorado has quickly established itself as one of the more anti-gun jurisdictions in the Union.
For example, Guns & Ammo magazine’s best states for gun owners rankings has the state ranked in a horrible 40th place. Its anti-gun profile is only going to strengthen with the court system defending its gun grabs and its political class passing gun control at will.
Gun owners in the Rocky Mountain State will likely have to turn to higher courts and even nullify state-level gun grabs at the local level to maintain some semblance of the right to arms.
Share: