Supposedly libertarian Democrat Governor Jared Polis signed Colorado's new semi-auto ban into law. Polis probably signed it because it's not completely a ban--people can still get semi-autos, at least in theory--but it really did shatter his libertarian image with a lot of us libertarians.

It's an incredible infringement of people's Second Amendment rights, and if this is allowed to stand, we're going to see massive problems across the nation.

And we need to start with understanding exactly what the measure really is.

As I said, it's not a gun ban in the sense that it outright bans guns. That's because there's no way Polis could sign that and even pretend he's a libertarian. He said he's not a fan of bans and if the legislature had passed such a thing, he likely would have vetoed it. Lawmakers knew that, so they toned down the original bill into what was just signed into law.

But there are takes on this.

First, Zachary Faria over at the Washington Examiner argued that this is a "de facto gun registry."

The law has a carveout for people who pass a state-sanctioned firearms safety course. People who pass will receive a “firearms safety course eligibility card,” which must be renewed every five years, but only with a sheriff’s authorization. Everyone who gets an eligibility card will have their information put into a state database that the law creates through Colorado Parks and Wildlife in consultation with the Colorado Bureau of Investigation.

So Colorado will not be keeping track of the sales of these now otherwise-banned firearms, but tracking everyone who applies for and receives state permission to purchase them accomplishes the same goal. It is a gun registry in practice, and it sets the stage for a future ban. The original bill, after all, did not include the possibility of safety training programs and an “eligibility card.” It was a straightforward ban that was watered down to ensure Polis would sign it.

I'd argue that Form 4473s are already a de facto gun registry, so that's already there, especially in universal background check states, but Faria's point is still well-received.

Yet by not tracking guns in and of themselves, they can look to people and say it's not a gun registry because, technically, it isn't. It's more of a gun owner registry. That's a different thing in a technical sense, but can you honestly tell me that it's appreciably different in how such a thing would be used?

Sure, you'll have some people who get the card and never actually buy the gun, but with all the roadblocks, most people who go through all of that aren't going to do it just because.

In fact, at our sister site Hot Air, Mitch Berg took a look at some of this.

According to Ava Flanell of Complete Colorado, the new restrictions on buying common firearms fly straight past eye-opening and on to hair-raising:

[With the law in effect], purchasing a semi-automatic rifle, shotgun, or gas-operated handgun would require the following steps:

1. Schedule an appointment with Colorado Parks and Wildlife
2. Undergo a background check by a third party
3. Locate a certified instructor and complete the required training course. A 12-hour class must be taught in two days, not one.
4. Pass a test with a score of at least 90% and be able to demonstrate that you can use the firearm safely. It’s unclear what firearm will be used for this as students cannot purchase a gun before class to bring with them and even if the instructor has a rifle, it most likely won’t be the same as the one they plan to purchase because there are hundreds, if not thousands, of variations.
5. Schedule an appointment with the local sheriff’s office for final approval.
6. Upon receiving approval, when purchasing the firearm, complete another background check and comply with a three-day waiting period.

Each step of this process has fees, amounting to at least $300 total to get an eligibility card that is only valid for five years. If you can’t afford this process, your options of purchasing a semi-automatic rifle, shotgun, or gas operated handgun with a permanently fixed magazine is extremely limited, as no major manufacturer makes such a firearm because it’s too dangerous. 

And, as Stephen Green at Vodkapundit notes, even getting through the process depends on the discretion - and perhaps moods and vicissitudes - of your county sheriff:

Under SB 25-003, it will now take weeks of appointments, classes, and a minimum of $300 — plus your local sheriff's permission, which you may or may not receive, and that he might revoke for a whole host of reasons — to legally purchase the most common firearms in America. I went into the details here earlier this week.

Yeah, this is beyond ridiculous, and it's specifically designed to prevent law-abiding citizens from going through the trouble to buy modern sporting rifles. As Vodkapundit notes, these are the most common firearms in the country. They're the most popular model of gun out there, and that popularity stems from the first assault weapon ban back in 1994.

Now, they're trying something different, but it won't impact criminals. It won't stop mass killers, either, because they're usually more than willing to jump through whatever hoops you have in place and most have no criminal record that would stop them. Unless the sheriff has had extensive contact with them--and they can move to avoid those that have--then there's a strong chance they'll get that permission.

So they'll jump through the hoops, get the gun, commit an atrocity, and the anti-gun legislators will say, "See! We didn't go far enough!"

Meanwhile, regular, law-abiding people who have never been the problem are trying ot figure out how they can get an AR-15 has part of their home defense strategy and minimize how much time they have to miss from work, how they can manage the cost of the eligibility license, and then pay for the rifle.

This is a blatant infringement and goes well beyond anything that will pass the history, text, and tradition standard laid down in the Bruen decision. The courts are obligated to strike it down at every level.

If they don't, though, we're going to see this mimicked in every anti-gun state in the nation and, if anti-gunners get their chance, at the federal level.

There's a lot to be concerned about should the courts refuse to act here.

Unfortunately, I can't trust that they will.