Federal judge declines to block Colorado semiauto permit law

As of 7:55 p.m. ET, Monday, Nov. 9, 2026

A federal judge in Denver has refused to temporarily block Colorado's new permit-to-purchase requirements for certain semiautomatic firearms, leaving the rules in force while a Second Amendment lawsuit against them continues.

Senior U.S. District Judge Martínez denied the plaintiffs' motion for a preliminary injunction in Del Toro v. Polis on Wednesday, Nov. 4, according to the order on the court docket. He found the plaintiffs had not shown they were substantially likely to win their challenge to the permit sections of Senate Bill 25-003, signed by Gov. Jared Polis in April 2025.

What the law requires

The permit provisions took effect Aug. 1, 2026. Buyers of covered "specified semiautomatic firearms," including semiautomatic rifles and shotguns with detachable magazines and some gas-operated handguns, must first get a firearms safety course eligibility card from their county sheriff, then complete an in-person safety course and pass an exam with a score of at least 90%, the order says.

The judge's reasoning

Martínez wrote that the plaintiffs had not met their burden of showing the covered guns are "arms" protected by the Second Amendment, noting that federal appeals courts are split on the question and that the Supreme Court is likely to address it this term in Viramontes v. Cook County.

Even if the guns were covered, he wrote, the law is a "shall-issue" licensing system of the kind the Supreme Court has called presumptively lawful. "Discretion under SB25-003 is the exception, not the rule," he wrote.

He also found the plaintiffs had not shown the system was being put to "abusive ends" through delays or fees. Citing state data, he wrote that as of Sept. 1, 3,574 applications had been submitted, 1,125 eligibility cards had been issued by 39 county sheriffs, and 502 people had completed the course with none failing the exam.

The two sides

The plaintiffs, five Coloradans and the Colorado State Shooting Association, the state's NRA affiliate, argued the training, sheriff approval and costs amounted to a "maze" and that sheriffs had been left without funding or guidance, Colorado Politics reported. The state Attorney General's Office argued the law follows the shall-issue framework the Supreme Court has endorsed.

Mountain States Legal Foundation, which represents the plaintiffs, said the judge "applied the law incorrectly" and overlooked training costs it puts at $200 to $400. It said it is evaluating next steps. The shooting association called the decision "particularly bizarre," Colorado Politics reported.

The ruling is not a final decision on the law's constitutionality. Martínez said he will rule separately on the state's motion to dismiss the case.