Colorado · Criminal Defense · Civil Rights · Appeals
Does the Colorado gun law ruling leave SB25-003 in place?
Yes. A federal judge refused to pause Colorado's permit-to-purchase rules for specified semiautomatic firearms, so the training and eligibility process remains in effect while the lawsuit continues.
- Written by
Emily Chen- Published
- Decision
- November 4, 2026
- Case
- Del Toro v. Polis, No. 1:25-cv-02725-WJM-MDB
- Court
- U.S. District Court, District of Colorado
At a glance
The practical result
- Court
- U.S. District Court, no vote
- Outcome
- Preliminary injunction denied
- Law
- SB25-003 permit-to-purchase scheme
- Immediate effect
- Covered purchases still require the statutory process
In this article
Short answer: Yes. The Colorado gun law at issue, SB25-003, still requires the permit-to-purchase process for a covered semiautomatic firearm because a federal judge denied a request to halt it on November 4. The order is not the final word on the lawsuit, but it leaves the law enforceable while the case moves on.
What the Colorado gun law ruling means today
If you were waiting to buy a covered semiautomatic firearm because you expected the lawsuit to stop the new process, the immediate answer is no. Senior U.S. District Judge William J. Martínez denied the plaintiffs' preliminary-injunction request in *Del Toro v. Polis* on November 4, leaving SB25-003's permit-to-purchase provisions enforceable while the case continues.
The ruling concerns a new-purchase pathway, not a universal decision about every firearm or every Colorado rule. Independent coverage of the order reached the same immediate conclusion: the state may keep enforcing these restrictions for now. A person charged over a purchase, transfer, or possession issue has a criminal defense question that depends on the exact conduct and statute involved.
What the judge did and did not decide
The court denied an early request for a preliminary injunction. That means the judge declined to halt the permit-to-purchase scheme while the lawsuit is pending. It does not end the lawsuit or finally resolve every constitutional claim against SB25-003.
The motion targeted Sections Two and Three of the bill, the provisions governing specified semiautomatic firearm purchases and the training-record system. It did not ask the court to decide the statute's separate rapid-fire-device provisions. That distinction matters for people reading this as a broader Colorado gun-law update.
| Question | What the November 4 order does | What it does not do |
|---|---|---|
| Can the state enforce the challenged purchase rules now? | Yes. The request to pause them was denied. | It does not decide the final merits of the case. |
| Does it cover the whole bill? | It addresses the permit-to-purchase challenge in the motion. | It does not resolve every provision of SB25-003. |
| Does it decide every Colorado firearm question? | No. | Carry, vehicles, magazines, local rules, and federal law can involve separate rules. |
Why the court denied the preliminary injunction
At this early stage, the judge found that the plaintiffs had not shown they were likely to win their Second Amendment claim. The order said they had not made the required showing that the covered firearms qualify for protection under the legal test the court was required to use. On the evidence then available, the judge also treated Colorado's system as the kind of permit process that generally must issue a permit to qualified applicants.
The judge also found no showing, on the record before the court, that officials were using the program improperly to deny qualified people access to firearms. The order considered processing times, fees, course availability, and denials, but only for this early request to pause the law. It is not a ruling that every future application or denial will be lawful.
The ruling is limited to the request before the court: for now, the judge did not stop the program. Whether a different challenge succeeds can depend on what happened to a particular person and what relief that person asks the court for.
What SB25-003 requires before a covered purchase
SB25-003 applies to specified semiautomatic firearms, a defined category that includes semiautomatic rifles and shotguns with detachable magazines and gas-operated semiautomatic handguns with detachable magazines, subject to listed exclusions. Since August 1, 2026, the statute generally prohibits the purchase, sale, transfer, manufacture, or distribution of a covered firearm unless an exception applies. The signed act provides the controlling definitions and exceptions.
For the training exception, the person first obtains a firearms safety course eligibility card from a sheriff, then completes a qualifying path. The main paths are hunter education plus a basic course, or an extended firearms safety course. Colorado Parks and Wildlife says the basic course is four hours, the extended course is 12 hours over at least two days, and a passing score is 90 percent. The dealer verifies the completed requirement in the state system before beginning the purchase process. CPW's current guidance also notes that sheriff fees and private instructor fees can vary.
| Step | What the current process calls for |
|---|---|
| Eligibility card | Apply through a sheriff with the required identification, background-check result, attestations, and fees. |
| Qualifying training | Complete hunter education plus the basic course, or take the extended course, as the statute allows. |
| Course result | Pass the required course examination and have completion entered in the state system. |
| Dealer check | A federally licensed dealer verifies the qualifying record before beginning the covered purchase process. |
What changes now, and what does not
The immediate change from the ruling is procedural, not legislative: the court left the existing statutory process in place. Nothing in the order announces a new effective date, removes the eligibility-card requirement, or turns the preliminary ruling into a final judgment.
The law's terms focus on manufacturing, distributing, transferring, selling, and purchasing specified semiautomatic firearms. The injunction decision itself does not create a new ban on simply owning a firearm already lawfully possessed. It also does not replace separate Colorado rules about large-capacity magazines, carry, storage, and vehicles, or local restrictions. For a broader view of how courts can limit or leave government rules in place, see these federal-court rulings.
Governor Jared Polis signed SB25-003 into law.
The plaintiffs filed the federal lawsuit challenging the law.
The challenged permit-to-purchase provisions took effect.
The plaintiffs moved for a preliminary injunction.
The court denied the motion, leaving the challenged provisions enforceable during the case.
What to verify next
A court order about an emergency request is not personal clearance to buy, carry, store, transfer, or possess a firearm. If the facts could expose you to a criminal charge or loss of rights, speak with a Colorado lawyer about your particular situation. Juricue's legal-help resources can help you begin that search.
- Whether the firearm involved fits the statute's definition of a specified semiautomatic firearm or a listed exclusion.
- Whether an eligibility card, qualifying training, and dealer verification are required for the transaction being considered.
- Whether a separate state, local, federal, or venue-specific rule applies to the planned conduct.
- Whether a later court order or appeal has changed the preliminary posture described here.
Colorado gun law FAQs
What is the maximum number of rounds allowed in a magazine in Colorado?
[Colorado's Title 18 text](source:title18) defines a large-capacity magazine as one that can accept more than 15 rounds, with separate measurements for certain shotgun magazines. The statute also contains exceptions, including a provision for a person who owned a qualifying magazine on July 1, 2013 and maintained continuous possession. The November 4 SB25-003 ruling did not decide the magazine law.
Can you keep a firearm in your car in Colorado?
The SB25-003 ruling does not decide vehicle carry or storage. Colorado's firearm rules include a vehicle-carry exception for lawful protection and separate requirements can apply when a firearm is left unattended in a vehicle. Location, firearm type, local rules, and other facts can change the answer.
Is it legal to conceal carry in a bar in Colorado?
This ruling does not answer that question. A concealed-handgun permit is subject to statutory limits, and local or venue-specific restrictions can matter. Do not treat the SB25-003 purchase decision as a carry rule.
Do I still need firearms safety training to buy a covered semiautomatic firearm?
Yes, if the transaction and firearm fall within SB25-003's permit-to-purchase scheme and no statutory exception applies. The preliminary-injunction denial leaves the qualifying training and eligibility process in force while the lawsuit continues.
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