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Governor signs new gun laws

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COLORADO SPRINGS, Colorado — Colorado Governor Jared Polis signed a package of new bills into law Friday that he claims will make Colorado one of the 10 safest states in the country.

“This legislation today will improve public safety and reduce gun violence, and I thank the bill sponsors for bringing this common-sense legislation to my desk," Governor Polis said in a statement.

The new laws increase legal liability for gun manufacturers, raise the minimum age to purchase firearms, and slow down the process of legally buying a gun.

Gun manufacturers had enjoyed protection from litigation under previous statutes that limited their liability to defective products. Anyone who sued a gun manufacturer and lost had to pay the defendant's legal fees.

Sandy and Lonnie Phillips lost their daughter Jessica Ghawi in the Aurora theater shooting in 2012. They later sued the businesses that sold guns and ammunition to the convicted gunman but were unsuccessful. The court awarded the defendants roughly $200,000 in legal fees leading the couple to declare bankruptcy.

Senate Bill 23-168 repealed the earlier statute and created the new Firearm Industry Standards of Professional Conduct as part of the state's consumer protection law. The Colorado Attorney General can sue firearms manufacturers who violate the standards.

The legislation also defines unfinished gun frames and receivers as legal firearms. The law describes these gun parts as capable of being readily assembled into a functional firearm.

Senate Bill 23-169 raises the minimum age to purchase any firearm in Colorado to 21. Young adults serving in the military or joining law enforcement are exempt.

Senate Bill 23-170 expands the state's Red Flag law by expanding the groups of qualified professionals who can apply to the courts for an Extreme Risk Protection Order. Teachers, doctors, and mental health professionals can now ask the courts to temporarily remove guns from someone they believe to be a risk to themselves or others.

House Bill 23-1219 creates a mandatory 3-day waiting period for any new gun purchases in the state. The waiting period begins after a licensed gun dealer starts a background check on the buyer.

The purpose of the legislation is to reduce suicide gun deaths.

Another bill still working its way through the legislature is Senate Bill 23-279. It would ban what are commonly called "ghost guns." These firearms lack serial numbers and are frequently purchased and assembled at home.

The shooters in both the Club Q mass shooting in Colorado Springs and the East High School shooting in Denver are suspected of using ghost guns in their attacks. The bill passed a second reading in the State Senate Thursday.

Another high-profile gun bill that failed this session is House Bill 23-1230. The legislation sought to prohibit the possession of many of the same classes of firearms restricted under the Federal Assault Weapons Ban during the 1990s. The bill died in committee.

Two of the new laws already face legal challenges. The gun rights group Rocky Mountain Gun Owners filed lawsuits in federal district court in Denver Friday challenging the constitutionality of Senate Bill 23-169 and House Bill 23-1219.

Taylor Rhodes, Executive Director of Rocky Mountain Gun Onwers, called the litigation against the mandatory 3-day waiting period and the increased age restriction "slam-dunk lawsuits."

"We knew from the very beginning that we were going to have to sue each and every bill that was going to be passed to law," Rhodes said. "We made a promise to our members that we would sue as soon as the pen hit the paper and we fulfilled on that promise today."

The plaintiffs allege the new laws deprive them of their Second Amendment right to self-defense.
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