The 10th U.S. Circuit Court of Appeals in Denver last week heard arguments in National Association for Gun Rights et al. v. Polis, a suit over the 2023 law prohibiting the possession and purchase firearms lacking a serial number — so-called “ghost guns.” That law makes it a misdemeanor to possess such a gun unless the owner obtains a serial number and background check from from a licensed dealer.
The plaintiffs went to the Court of Appeals after failing last May to get an injunction stopping the law from going into effect.
Plaintiff attorneys argued that ‘ghost guns’ are essentially a continuation of an “American tradition” of homemade firearms, and therefore banning them is unconstitutional under the 2022 Bruen decision’s requirement that the government show a restriction is “consistent with this Nation’s historical tradition of firearm regulation.” That decision sparked a wave of anti- gun-law litigation.
Check out the great write up of the arguments by Michael Karlik at Colorado Politics.
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