The Colorado House of Representatives passed a bill to ban the sale, purchase, manufacturing, importation, and transfer of so-called assault weapons. House Bill 1292 defines an assault weapon as a semi-automatic rifle, shotgun, and pistol with large capacity or detachable magazines, pistol grips, a folding or adjustable stock, and other features. Coloradans could continue to possess the firearms they currently own but would be fined if caught violating the law.
Gun shops could lose their state license. All House Republicans and nine Democrats voted against the bill which faces dimmer prospects in the more moderate Senate. If passed and signed into law, it will certainly be deemed unconstitutional in the courts.
The town of Superior passed a similar ordinance in 2022 and shortly afterward, U.S. District Court Judge Raymond Moore, an Obama-appointed judge, granted Rocky Mountain Gun Owners a temporary restraining order against it. According to the judge, the ordinance runs afoul of two Supreme Court decisions, New York State Rifle & Pistol Association, Inc. v. Bruen (2022) and District of Columbia v. Heller (2008), which affirm the basic right to bear arms and stipulate that courts examine firearm laws according to the text of the Constitution and history.
Governments can restrict dangerous and unusual weapons like military artillery but not firearms “in common use.”
The firearms described in HB 1292 are in common use in the U.S. There are 20 million AR-style rifles alone. The bill contends that “assault weapons are not suitable for self-defense and are not well-suited for hunting, sporting, or any purchase other than mass killing.”
The Americans who responsibly own, maintain, target shoot, and hunt with the majority of those 20 million AR-style rifles as well as the shotguns and pistols described in HB 1292 disagree. The idea that no reasonable person can responsibly and peaceably own a so-called assault weapon is belied by the fact that so many do.
Recently a friend told me over coffee that he felt no one should own an assault rifle. The “no one should own” sparked a similar conversation weeks before when another friend had said, no one should own a pit bull; they’re too dangerous.
Indeed the muscular terrier accounts for more bites, more serious bite incidents, and more fatalities than other breeds. Of the 30 to 50 people who die each year in the U.S. from dog bites, pit bulls account for 28% of the deaths.
But this tragic fact needs context. There are 18 million pit bulls in the U.S. and the vast majority of pit bulls are gentle. Bite incidents have actually decreased over the past few decades even as cities have rescinded pit bull bans. The decline is due to increased spay/neuter rates (unneutered males are the most likely to bite), stray dog control, leash laws, and laws that hold irresponsible, neglectful, and abusive owners responsible for aggressive dogs. The fact that some breeds are more physically powerful than others is less relevant than the behavior of owners.
What is true for dogs is doubly true for potentially dangerous inanimate objects like firearms and automobiles. There are 20 million AR-style rifles and the vast majority of their owners will never brandish much less fire upon another person. Any firearm from a little single-shot derringer to an AR-15 rifle with every conceivable gadget is only dangerous in the hands of irresponsible people and those with ill intent. It is already illegal to maim or kill someone with a firearm of any kind or to even brandish such a weapon in a threatening or irresponsible way.
The fact that some firearms are more powerful than others is less relevant than the behavior of owners. Denying responsible, law-abiding citizens access to so-called assault weapons will have no impact on the criminal use of any weapon. Background checks and the investigation of threatening behavior and confiscation of weapons under Red Flag Laws will do far more to deter illegal gun use than placing new restrictions on law-abiding owners.
Krista L. Kafer is a Sunday Denver Post opinion columnist, adjunct professor of communication, journalism, and political science, and a frequent radio and television commentator.
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