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Courts & Justice · Report · File No. 261105-367

Federal judge lets Colorado enforce its semiautomatic rifle limits for now

A federal judge refused to block Colorado's law that limits who can buy many semiautomatic guns. The ruling is not final, and the U.S. Supreme Court is expected to take up the larger question this term.

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Phil Weiser
Phil Weiser. Photo: Phil Photos, Public domain

A federal judge in Denver on Wednesday refused to block Colorado's law that bans rapid-fire devices and limits who can buy semiautomatic firearms. Gun owners had asked for a preliminary injunction to stop the state from enforcing it 1. Colorado can keep enforcing the law while the lawsuit goes forward.

Senior U.S. District Judge William Martinez, appointed by President Barack Obama, wrote a 35-page opinion. He found the gun owners are not likely to win their case 1.

The court concludes that plaintiffs have not demonstrated that they are substantially likely to succeed on the merits of their Second Amendment challenge
William Martinez, Senior U.S. District Judge, Colorado1

What the law requires

Colorado lawmakers passed the law, known as SB25-3, in 2025. It took effect in August 1. A first violation is a class 2 misdemeanor. Later violations can be a class 6 felony 1.

Buyers must complete a hunter education class with a four-hour safety course, or a longer 12-hour class over two days 1. A sheriff-verified instructor must teach it, and the final exam results go into a statewide database 1. A sheriff generally must issue an eligibility card to anyone who finishes the course. The sheriff may deny a card if there is a "reasonable belief that the documented previous behavior by the applicant makes it likely the applicant will present a danger to themselves or others" 1.

Colorado Politics reported in August that the law also involves background checks, a written test and a three-day waiting period 2.

The legal fight

Six individuals and the Colorado State Shooting Association sued Gov. Jared Polis and Attorney General Philip Weiser, both Democrats 1. Weiser won the attorney general's office in Tuesday's election. Polis cannot run again because of term limits 1.

The gun owners cited the cost and time of complying. They also objected to the state leaving the work to county sheriffs 1. Their group said at least 21 of Colorado's 64 counties lacked an approved trainer 2.

They relied on the Supreme Court's 2022 decision in New York State Rifle & Pistol Association v. Bruen. Under that test, challengers must first show the Second Amendment protects their conduct. Then the government must show its rule fits the nation's historical tradition of gun regulation 1.

The judge ruled against the gun owners at the first step. He said they did not show that law-abiding citizens commonly use these firearms for self-defense today 1. Because of that, he did not examine the historical comparison 1.

A government that makes you ask permission to buy a firearm isn't protecting your rights - it's trampling them.
Ray Elliott, President, Colorado State Shooting Association2

What happens next

Appeals courts disagree on the issue. The gun owners pointed to the Third Circuit, which has said semiautomatic rifles in common use are protected. Colorado cited the Fourth and Seventh Circuits, which found the AR-15 lies outside the Second Amendment's scope 1. The U.S. Supreme Court is expected to settle the split this term 1.

This was a preliminary ruling, not a final decision on the law. The gun owners' lawyers at the Mountain States Legal Foundation and First & Fourteenth did not immediately respond to a request for comment. Neither did the Colorado Attorney General's Office 1.

That matters because the next ruling may come from the Supreme Court. It could decide whether states like Colorado can keep rules like these anywhere in the country.

The Record

  1. The Colorado State Shooting Association and six individuals sued over SB25-3 2.
  2. Colorado's semiautomatic firearm law took effect 2.
  3. Judge William Martinez denied the gun owners' request to block enforcement 1.
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Sources

  1. Courthouse News, “Colorado cleared to enforce assault rifle restrictions” (2026-11-05). courthousenews.com/colorado-cleared-to-enforce-assault-rifle
  2. Colorado Politics, “Colorado gun group seeks injunction against new gun training requirement” (2026-08-12). coloradopolitics.com/2026/08/12/colorado-nra-chapter-seeks-i

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