Democrats Thwart Republican Efforts to Protect Gun Rights
Over the last several years, gun rights and the preservation of the Second Amendment are issues that are frequently in the spotlight. With the uptick of mass shootings in the country, every time a tragedy involving firearms occurs anti-gun organizations and lawmakers push for more gun regulations.
The idea that has been spread, mainly across Democratic legislators, is that making guns harder to get will reduce the occurrence of mass shootings. Others argue that mental health is the issue, and that gun control will not prevent criminals from breaking the law and getting guns.
During this year’s Colorado legislative session, guns and the Second Amendment have been the topics of discussion. The state’s Democratic lawmakers, who hold a record high majority this year, have been set on passing laws to make guns harder to get including a proposed ban on “assault weapons” and a law to change the age to possess or purchase a firearm from 18 to 21.
Republican lawmakers have worked to block the slew of gun control bills and one lawmaker went one step further and tried to push his own bill to preserve the Second Amendment. At the beginning of the year, Republican State Representative Ken DeGraaf who represents El Paso County introduced House Bill 23-1044 “Second Amendment Preservation Act” to the House, but it didn’t make it very far.
Second Amendment Preservation Act Lives a Short Life
According to an article published by Colorado Newsline, the Second Amendment preservation bill would have outlawed the enforcement of any federal law that would restrict gun access, including stricter registration regulations, bans, or taxes. Similar bills have been proposed in other states in the country including one currently being considered in Nebraska.
In early February, the bill was introduced to the state’s House Committee on State, Civic, Military, and Veteran Affairs and it saw opposition from the Democrats in the committee. The bill ended up getting voted down in the committee by a 7-2 vote.
“Across the country, sheriffs, prosecutors, and police chiefs have raised concerns that this type of legislation will make it harder for them to protect their communities,” Democratic Rep. Andrew Boesenecker of Fort Collins said in a statement published by Colorado Newsline. “As a responsible gun owner, I know there’s more we can do to prevent gun violence, and House Democrats are committed to this goal. That’s why we took decisive action today.”
The proposed bill was like one that was passed by Missouri state lawmakers and signed into law by the governor in 2021. However, according to the Missouri Independent, a federal court judge ruled that the law was unconstitutional in early March.
The Missouri law would have penalized police officers for enforcing federal gun laws. “State and local law enforcement officials in Missouri may lawfully participate in joint federal task forces, assist in the investigation and enforcement of federal firearm crimes,” U.S. District Court Judge Brian Wimes stated in his decision, “and fully share information with the federal government without fear of … penalties.”
What Proponents of the Second Amendment Preservation Act Say
According to the Tenth Amendment Center website, the state of Colorado does have the legal authority to bar state and local agents from enforcing federal gun control laws. “Refusal to cooperate with federal enforcement rests on a well-established legal principle known as the anti-commandeering doctrine,” the Tenth Amendment Center reports. “Simply put, the federal government cannot force states to help implement or enforce any federal act or program. The anti-commandeering doctrine is based primarily on five Supreme Court cases dating back to 1842. Printz v. U.S. serves as the cornerstone.”
“The Second Amendment Preservation Act simply states that if the federal government passes a law infringing on the Second Amendment and the right of human dignity that gives all men the right to defend themselves, making it thereby a violation of the Colorado Constitution, that Colorado will not risk our personnel nor expend our resources to put in jeopardy the liberty of Colorado,” the bill’s sponsor Rep. De Graaf said to the House committee.
While the bill was being debated in the committee, there were some groups who spoke in favor of it including Rocky Mountain Gun Owners (RMGO), who has sued multiple local governments in the state over firearm restrictions. “You guys do not get to sit there and say that the Second Amendment gets to get curtailed and our rights get stomped out in the name of safety. Safety is something that is not easily achieved by anyone, let alone the government,” said Kevin Lorusso, who represented RMGO.
Opponents of the Bill Say More Gun Control is Needed
Shortly after the bill was defeated, the Colorado House Democrats website published an article applauding the bill’s defeat. The article stated that the bill would have prevented local law enforcement agencies from cooperating with the FBI or ATF investigations or enforcement of federal bans on bump stocks or ghost guns.
“As Colorado Democrats work to reduce gun violence and protect our communities, Republicans in the legislature are sponsoring bills that would disrupt critical public safety efforts, hamper law enforcement investigations, and make us less safe,” said State, Civic, Military, and Veterans Affairs Committee Chair Steven Woodrow, D-Denver.
“The dangerous legislation we defeated today would have prevented local law enforcement from partnering with federal departments to solve firearm-related crimes, risked compromising ongoing investigations, and jeopardized security at our airports. But that is only half the problem. I must admit I’m disappointed in my GOP colleagues who antagonized several of the student witnesses who came to share their concerns that this legislation would lead to even more violence. We should be encouraging young people to participate in the process, not grilling them on ideological grounds.”
The Democrats also defeated a bill that would have allowed Colorado business owners to use deadly force if someone breaks into their place of business. Now that the lawmakers on the left have stopped the Republican bills, they have been working toward passing their several gun-control laws and sending them to the governor’s desk.
