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Semiautomatic firearm ban passes Colorado's House, heads to Senate (apnews.com)

submitted 7 months ago by [email protected] to c/[email protected]

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Colorado’s Democratic-controlled House on Sunday passed a bill that would ban the sale and transfer of semiautomatic firearms, a major step for the legislation after roughly the same bill was swiftly killed by Democrats last year.

The bill, which passed on a 35-27 vote, is now on its way to the Democratic-led state Senate. If it passes there, it could bring Colorado in line with 10 other states — including California, New York and Illinois — that have prohibitions on semiautomatic guns.

But even in a state plagued by some of the nation’s worst mass shootings, such legislation faces headwinds.

Colorado’s political history is purple, shifting blue only recently. The bill’s chances of success in the state Senate are lower than they were in the House, where Democrats have a 46-19 majority and a bigger far-left flank. Gov. Jared Polis, also a Democrat, has indicated his wariness over such a ban.

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[–] [email protected] 22 points 7 months ago (1 children)

General purchase, yes, but you can still buy one if you fill out the appropriate ATF paperwork and pay the HUGE transfer fees.

https://www.therange702.com/blog/can-you-legally-own-a-machine-gun/

"To legally own a machine gun, you first have to apply for approval from the federal government. After purchasing the gun, you must fill out an ATF Form 4 application and wait for approval before taking possession of the firearm. The FBI conducts a thorough background check using fingerprints and a photograph required with your application, which could take 9 to 12 months to process. The gun will need to stay in possession of the previous owner until the process is complete.

In addition, you will need to pay a $200 “NFA tax stamp” for each weapon transaction. If approved, you will receive your paperwork in the mail, including a permit with the listed lawful possessor of the firearm. Only then can you take the machine gun home and possess it legally."

This Colorado ruling doesn't allow for that.

[–] [email protected] 3 points 7 months ago* (last edited 7 months ago) (1 children)

To be fair, even if it did, I could still see it being unconstitutional to the supreme court.

We don't want to admit it, but we kind of weasled our way to ban automatic weapons which is why there is only a "practical" ban instead of an absolute one.

i.e. You can legally own full-auto weapons if you spend the money to do so.

I think it would be very interesting if some right-wingers tried to do something like this but frame it as though you can "only buy handguns/semiautomatics made before a certain date, gotta pay all these fees, etc."

That could force the supreme court to look at whether the original "ban" on automatics is actually constitutional.

[–] [email protected] 4 points 7 months ago

Oh, yeah, and with THIS court? That is absolutely a road Democrats should not even CONSIDER wanting to go down.

The ban was enacted as part of the Gun Control Act of 1968:

https://en.m.wikipedia.org/wiki/Gun_Control_Act_of_1968

Can you imagine if they just tossed that out?