I remember when Colorado was a pretty gun-friendly state. That’s ancient history now, I’m afraid. Now the state seems to want to pass any gun control measure they can think of.
And they have passed plenty.
In fact, new regulations go into effect on Sunday, including a waiting period. That’s a big issue, one that gets sold as a “gun safety” measure but isn’t any such thing.
Regardless, the law has already passed. The only hope now is to get the courts to overturn it, and gun rights advocates in the state aren’t going to play around, either.
Starting Sunday, a new law says Coloradans will have to wait three days to receive a gun after they buy it. Meanwhile, a second new law will make it easier to sue the firearm industry over gun violence in the state.
The two new laws were passed this year by Democrats in the state legislature, with zero votes from Republicans. Now, the requirements are likely to face legal challenges from conservative gun rights advocates.
A prominent gun-rights group has said it plans to sue over the waiting period requirement as early as noon on Sunday, just hours after it takes effect.
Those types of challenges have seen some success so far. In August, a federal judge temporarily blocked another new Colorado law that would raise the age limit for buying a rifle to 21 years old. The judge in that case issued the injunction just as the law was supposed to take effect.
In general, the conservative U.S. Supreme Court’s new standard for evaluating the constitutionality of gun laws is making it tougher for states like Colorado to defend their restrictions.
They say that last part like it’s a bad thing.
The truth is that following Bruen, I’d be genuinely shocked to see the courts not strike the waiting period thing down. I can’t think of any analog from history that would support a waiting period.
Of course, one thing that amuses me is that many of the people who think nothing of a waiting period for gun rights also see it as a horrible attack on our rights to not let us register to vote on the day of the election. Funny how that shakes out, isn’t it?
Regardless, this is going to get challenged in court and it’s going to get tossed because of the lack of a serious historical analog. Our Founding Fathers didn’t have waiting periods because the idea of forcing someone to wait in order to exercise such a basic right was likely to have been considered insane.
Yet here we are. Colorado isn’t the first to have waiting periods, but it may well be the last. A challenge like this is bound to result in the law being tossed and may well end up before the Supreme Court, which could scuttle waiting periods across the nation.
That’s the good news in this.
Now the question is whether the judge will issue an injunction or not, which I think is pretty likely. We’ll have to see, though, and that’s where things get entertaining.
As for the other law passed, well, that challenge will likely come when someone tries to use it to sue a gun company.