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Think you own your land? A 100-year-old loophole says state agents can walk right in
2A -- Washington Examiner

Think you own your land? A 100-year-old loophole says state agents can walk right in

Published August 22, 2026 · 12:26 PM UTC
Read full story at Washington Examiner →
Source excerpt -- Washington Examiner
On Aug. 1, another Colorado anti-Second Amendment law took effect, with which, among other matters, Colorado altered its regulatory landscape by putting once highly regarded Colorado Parks and Wildlife in charge of firearm training and qualifications, interposing it between Coloradans and their local sheriffs. CPW already has a black eye from its role in the […]
The Anvil Daily's Analysis: Why This Matters

# Why This Matters

Colorado just handed a century-old property-seizure power to a fish-and-game agency—and it barely made a ripple. Under a law effective August 1st, Colorado Parks and Wildlife now controls firearm safety certification, effectively inserting state bureaucrats between gun owners and their constitutional rights. But the deeper issue is uglier: CPW operates under a 1920s statute that lets state agents enter private property without warrants or permission, ostensibly to manage wildlife. That same authority is now being weaponized for firearms enforcement. The mechanism is simple but brutal—an agent can legally walk onto your land, unannounced, to "inspect" compliance. No judicial review required.

The shift moves authority away from Colorado sheriffs, who are elected by their counties and accountable to voters, to an agency answerable primarily to Denver environmental bureaucrats. A sheriff can be voted out. CPW agents cannot. This matters concretely for gun owners in rural Colorado: if you want to purchase a firearm, train for self-defense, or maintain your existing collection, you're now subject to certification standards set by people with no local accountability and a documented anti-gun agenda. Several CPW officials have made public statements opposing Second Amendment rights—hardly the neutral arbiters a constitutional right demands.

The 1920s loophole that enables warrantless entry is the real scandal here. The statute was written for wildlife officers checking hunting licenses and monitoring poaching. It predates modern Fourth Amendment jurisprudence and was never intended for regulatory enforcement of urban or suburban property. But statutes outlive their purposes, and Colorado's legislature just weaponized it. An agent investigating "illegal firearm possession" or "improper storage" can now kick down that avenue with the same legal authority originally meant for a game warden checking a hunter's bag. Seventeen states have similar statutes waiting to be exploited the same way.

The conservative read is straightforward: Colorado Democrats just created a backdoor warrant bypass disguised as wildlife management. They know a frontal assault on Second Amendment storage or training standards would lose in court—federal judges have been skeptical of gun restrictions since *Heller* and *Bruen*. So instead, they're using an obscure Depression-era loophole to let government agents roam private property at will, framing it as environmental stewardship. It's bureaucratic sleight of hand designed to achieve gun control through trespass. The fact that CPW officials have anti-gun records makes the intent clear. This isn't about elk populations.

The next test comes when CPW attempts its first "compliance inspection" of a gun owner's home or storage facility. That case will likely reach Colorado state court within months, then potentially federal court if the property owner challenges the warrantless entry. Watch for whether Colorado sheriffs—who retain some authority over local enforcement—push back or quietly defer to the state agency. Sheriff defiance could create a split that forces the issue higher. A federal court ruling on whether 1920s wildlife law can cover gun enforcement would set precedent nationwide for other states eyeing the same tactic.