ROCKY MOUNTAIN GUN OWNERS v. POLIS

No. 23-1251.

121 F.4th 96 (2024)

ROCKY MOUNTAIN GUN OWNERS; Tate Mosgrove; Adrian S. Pineda, Plaintiffs-Appellees, v. Jared POLIS, in his official capacity as Governor of the State of Colorado, Defendant-Appellant. State of Illinois; State of Arizona; State of California; State of Connecticut; State of Delaware; District of Columbia; State of Michigan; State of Hawaii; State of Minnesota; State of Maryland; State of Nevada; State of Massachusetts; State of New Jersey; State of New York; State of Oregon; State of Pennsylvania; State of Rhode Island; State of Vermont; State of Washington; March for Our Lives Foundation; Gun Owners for Safety; Denver Public Schools; Everytown for Gun Safety; Brady Center to Prevent Gun Violence; National Shooting Sports Foundation, Inc.; Firearms Policy Coalition; FPC Action Foundation, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

FILED November 5, 2024.


Attorney(s) appearing for the Case

Shannon Wells Stevenson, Solicitor General (Philip J. Weiser, Attorney General, Grant T. Sullivan, Assistant Solicitor General, Michael T. Kotlarczyk, Senior Assistant Solicitor General, Matthew J. Worthington, Assistant Attorney General, with her on the briefs) Colorado Department of Law, Denver, Colorado, for Defendant-Appellant.

Barry K. Arrington, Arrington Law Firm, Denver, Colorado, for Plaintiffs-Appellees.

Kwame Raoul, Attorney General, Jane Elinor Notz, Solicitor General, Alex Hemmer, Deputy Solicitor General, and John R. Milligan, Assistant Attorney General, Office of the Attorney General for the State of Illinois, Chicago, Illinois, filed an amicus curiae brief for District of Columbia, State of Arizona, State of California, State of Connecticut, State of Delaware, State of Hawaii, State of Illinois, State of Maryland, State of Massachusetts, State of Michigan, State of Minnesota, State of Nevada, State of New Jersey, State of New York, State of Oregon, State of Pennsylvania, State of Rhode Island, State of Vermont, and State of Washington.

Ciara Malone, March for Our Lives Foundation, New York, New York, and James C. Dugan, Willkie Farr & Gallagher LLP, New York, New York, filed an amicus curiae brief for March for Our Lives Foundation.

Sophie A. Kivett, Sullivan & Cromwell LLP, New York, New York, filed an amicus curiae brief for Gun Owners for Safety.

Janet Carter, Everytown Law, New York, New York, filed an amicus curiae brief for Everytown for Gun Safety.

Jared R. Ellis, Hall & Evans, LLC, Denver, Colorado, filed an amicus curiae brief for Denver Public Schools.

Patrick Hall, Arnold & Porter Kaye Scholer LLP, Denver, Colorado, Rebecca Zoller, Arnold & Porter Kaye Scholer LLP, New York, New York, and Matthew Diton, Arnold & Porter Kaye Scholer LLP, San Francisco, California, filed an amicus curiae brief for Brady Center to Prevent Gun Violence.

Michael L. Rice, Harrison Law LLC, Chicago, Illinois, filed an amicus curiae brief for National Shooting Sports Foundation, Inc.

Joseph G.S. Greenlee, Greenlee Law, PLLC, McCall, Idaho, filed an amicus curiae brief for FPC Action Foundation and Firearms Policy Coalition.

Before McHUGH, MURPHY, and FEDERICO, Circuit Judges.


On April 28, 2023, Colorado Governor Jared Polis signed a law duly enacted by the Colorado General Assembly that established twenty-one (21) as the minimum age for the sale and purchase of guns in Colorado. The law was to take effect on August 7, 2023. Plaintiffs, two Coloradans and a firearms advocacy group, filed suit...

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