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February 10, 2025 02:45 PM UTC

Sorting Fact From Fiction On This Year's Big Gun Bill

  • 10 Comments
  • by: Colorado Pols

As KUNC’s Lucas Brady Woods reports in the Colorado Sun, the most contentious piece of gun safety legislation proposed this year in the Colorado General Assembly has entered the backroom sausagemaking phase, as proponents negotiate with Gov. Jared Polis on the right language for a bill that would have significant–but widely misunderstood–effects on what kinds of guns are legal for sale in our state:

After gearing up for a big legislative fight on the Senate floor, state lawmakers postponed debate Friday on a proposed ban on the manufacture and sale of certain semiautomatic rifles, shotguns and handguns that can accept detachable ammunition magazines.

The main sponsors of Senate Bill 3, Democratic Sens. Tom Sullivan of Centennial and Julie Gonzales of Denver, said the delay is because negotiations with the governor’s office over the measure are ongoing.

“We’re working our way through it, and when we get finished, we’ll be in a positive place, and we’ll get that to his desk for him to sign,” Sullivan said Friday morning.

As has been historically the case with each major piece of gun-related legislation since Democrats in Colorado first began to confront the issue in earnest in 2013, there is tremendous alarm over this bill among the politically well-organized gun rights community both locally and across the nation–much of it based on fundamental misunderstandings of the bill’s intent and plain language. The legislation is primarily intended to restrict access to AR-15 assault rifles and similar models of weapons that have been overwhelmingly the choice of mass shooters in recent years.

What most opponents don’t know about the bill, or perhaps pretending they don’t know, is that most semiautomatic handguns are not affected by the legislation. The bill only prohibits weapons with a “gas-powered” mechanism of the kind utilized by assault rifles, not the “recoil-powered” system used by just about all semiauto handguns. Most of the public doesn’t understand the difference, but it’s very important in terms of what kinds of guns are affected by Senate Bill 3.

A story from 9NEWS on Friday quotes a gun store owner who is either doesn’t know the facts about the bill, or is deliberately spreading misinformation like most of the opponents who describe this bill as a blanket “semiauto ban.”

“If the bill were to be enacted, it would cut down our sales by about 95%,” Hymanson said. “Really, we have very few customers that are coming in for bolt-action [rifles] or revolvers. It really is standard concealed carry, self-defense, hunting and competition.”

Hymanson said most of her rifles and handguns have detachable magazines, which allow users to quickly load and unload multiple cartridges from the firearm.

“Because this magazine is detached from this firearm, we would not be able to sell this,” Hymanson said while holding a handgun in one hand and a magazine in another. “And so, it’s basically with this simple motion, it makes it illegal for us to sell.”

Folks, none of this is true–unless 95% of this gun store’s inventory consists of AR-15s, and in all probability not the pistol she was holding claiming it would be illegal simply because its magazine comes out. The language of Senate Bill 3 is very clear that recoil-operated handguns are not affected by the bill’s restrictions, so either this gun store owner did not read the legislation, or is sufficiently ignorant about it that we can reasonably question her qualifications to operate a gun store.

Back in 2013, panicked misinformation about that year’s gun safety bills contributed to irrational recalls against several Democratic state senators, a setback that took several years and the successful resumption of the gun safety agenda in 2019 for Democrats to finally shake off. Whatever the outcome of Senate Bill 3, which even its sponsors admit is an ambitious solution to reducing the death toll in mass shootings, the debate over the bill needs to be fact-based. The public would react very differently to Senate Bill 3 if its narrow scope was not subject to this kind of wild misrepresentation.

As for why the gun lobby is always rushing to correct opponents on technicalities, yet content to let misinformation about guns flow if it serves their purposes, you’ll have to ask them.

Comments

10 thoughts on “Sorting Fact From Fiction On This Year’s Big Gun Bill

  1. I guess you must have failed your physics class then.

    Contrary to what is stated here, it does ban almost everything semi-automatic that accepts a detachable magazine, sans the .22lr caliber. The bill states recoil operated are exempt, but by definition recoil is based in Newton’s 3rd law on the conservation of momentum. Which states that the force required to accelerate something will evoke an equal but opposite reaction force, which means the *gases* and bullet expelled from the barrel is what causes recoil and cycling of the bolt. This is the way every modern semi-automatic firearm works.  Recoil is just the effect of this opposite reaction force.

    Guess you haven’t read the bill either.

    Section 2, d, II, D “A SINGLE OR DOUBLE
    ACTION SEMIAUTOMATIC HANDGUN THAT USES RECOIL TO CYCLE THE ACTION OF THE
    HANDGUN;”

    contradicts

    Section 2, c, V “A BLOWBACK- OPERATED SYSTEM THAT
    DIRECTLY UTILIZES THE EXPANDING GASSES OF THE IGNITED PROPELLANT POWDER
    ACTING ON THE CARTRIDGE CASE TO DRIVE THE BREECHBLOCK OR BREECH BOLT
    REARWARD”

    Recoil does not cycle the action, the expanding gases do, recoil is a result of the expanding gases

    This article clearly states: “The language of Senate Bill 3 is very clear that recoil-operated handguns are not affected by the bill’s restrictions”

  2. To say that this wouldn't ban almost every semiautomatic, and that it wouldn't matter if it closed almost "every gun shop in the state," andthen you imply that its the shop owners own fault because ar-15s are bad. I can see just by the tone of your article in intself how you feel about gun rights and the second amendment even though you tried your hardest to appear neutraln this article, for propaganda purposes…. But I can hear you say"well, why are they carrying so many of those (evil)guns of that type (ar-15) anyway…". They carry those guns because that's what sells, is wanted, and that's their right as consumers and as Americans. This law will not do one thing to stop violence, nor will it prevent people from owning whatever weapons they want and are willing to jump through the hoops of already in place laws and regulations to aquire. People will just go to a state that does sell them. They cannot prove any firearms would be pre ban or post ban because they would have to have an electric database or "registry" of gun owners and guns, and that is not currently allowed by law to create or maintain by any government agency. Registration leads to disarmament and tyranny is the end point every time… Besides, guns save lives every day. Don't you care about all the people who are kept safe and out of danger every day by exercising the right to keep and bear arms. And most people choose "(assault") weapons that are semiautomatic because they're actually easier to operate, and safer in many cases because of the detachable magazine feature infact. Tom Sullivan is a fanatic. Like a religious fanatic at this point. And that religion  is guncontrol and disarmament at any cost. Be it with one bill disguised and lied about to the public, or a death from 1000 cuts until there's no more rights and no more civilian gun ownership. But that will never be possible. There's more guns than people in this country. Get real!

  3. 16Am Jur 2d., Sec. 258:
     “On the other hand it is clear that Congress cannot by authorization or ratification give the 
    slightest effect to a state law or constitution which is in conflict with the Constitution of the United States. 

    16Am Jur 2d., Sec. 256:
     “The general rule is that a unconstitutional statute, whether Federal or State, though having the 
    form and name of law as in reality no law, but is wholly void and ineffective for any purpose since 
    unconstitutionality dates from the enactment and not merrily from the date of the decision so braining it. 
    An unconstitutional law in legal contemplation is as inoperative as if it never had been passed. Such a 
    statute lives a question that is purports to settle just as it would be had the statute not ever been enacted. 
    No repeal of an enactment is necessary, since an unconstitutional law is void. The general principles 
    follows that it imposes no duty, converse no rights, creates no office, bestows no power of authority on 
    anyone, affords no protection and justifies no acts performed under it. A contract which rests on a 
    unconstitutional statute creates no obligation to be impaired by subsequent legislation. No one is bound 
    to obey an unconstitutional law. No courts are bound to enforce it. Persons convicted and fined under a 
    statute subsequently held unconstitutional may recover the fines paid. A void act cannot be legally 
    inconsistent with a valid one and an unconstitutional law cannot operate to supersede an existing valid 
    law. Indeed, in so far as a statute runs counter to the fundamental law of the land, it is superseded 
    thereby. Since an unconstitutional statute cannot repeal, or in anyway effect an existing one, if a 
    repealing statute is unconstitutional, the statute which it attempts to repeal, remains in full force and effect 
    and where a statute in which it attempts to repeal remains in full force and effect and where a clause 
    repealing a prior law is inserted in the act, which act is unconstitutional and void, the provision of the 
    repeal of the prior law will usually fall with it and will not be permitted to operate as repealing such prior 
    law. The general principle stated above applied to the constitution as well as the laws of the several 
    states insofar as they are repugnant to the constitution and laws of the United States.”

    16Am Jur 2d., Sec. 155:
     “Since the constitution is intendant for the observance of the judiciary as well as other 
    departments of government and the judges are sworn to support its provisions, the courts are not at 
    liberty to overlook or disregard its commands or counteract evasions thereof, it is their duty in authorized 
    proceedings to give full effect to the existing constitution and to obey all constitutional provisions
    irrespective of their opinion as to the wisdom or the desirability of such provisions and irrespective of the 
    consequences, thus it is said that the courts should be in our alert to enforce the provisions of the United States Constitution and guard against their infringement by legislative fiat or otherwise in accordance with 
    these basic principles, the rule is fixed that the duty in the proper case to declare a law unconstitutional 
    cannot be declined and must be performed in accordance with the delivered judgment of the tribunal 
    before which the validity of the enactment it is directly drawn into question. If the Constitution prescribes 
    one rule and the statute the another in a different rule, it is the duty of the courts to declare that the 
    Constitution and not the statute governs in cases before them for judgment.

    1. Citing AmJur is the mark of an amateur “lawyer.”  Not a single citation to a Supreme Court decision.  A prolix spewing of crap copied from a hack legal source is no rational argument.  You want to know the state of Second Amendment jurisprudence–the actual law of the land–you need to read and understand Supreme Court cases, beginning with DC v. Heller and continuing through to the Court’s most-recent decision, Rahimi, which upheld a challenge to restricting firearms possession for a person under a restraining order.  Save the cut-and-paste bullshit from some other forum.  

  4. Why is it that gunheads get so worked up about( supposed violations to)  the second amendment to the Constitution, while ignoring (or tacitly accepting all of the present President's blatant unconstitutional actions? ) Will they be content with the establishment of concentration camps for immigrants, journalists, and dissidents, if only they can guard them with their precious AR-15s?

    When they lose their Medicaid, or their grandparents lose their Medicare, in order to fund Mr. Musk's tax cuts, will they accept that as a necessary sacrifice to "freedom"?

    I'm afraid that we all know the answer to these questions.

  5. lol

    The chatbots are out in force! Leastwise, I HOPE they're chatbots. If they're actual people, they are too fuck-all stupid to live outside an institution.

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