By Michael Karlik | Colorado Politics
A federal judge heard arguments on Monday about the constitutionality of a 2023 Colorado law that generally imposes a three-day waiting period on firearm purchases after the initiation of a background check.
The test that the U.S. Supreme Courtcreated in 2022 for assessing firearm regulations’ compliance with the Second Amendment occurs in two phases. First, judges must determine if the constitutional text applies to the regulation at issue, and then the government must show that the policy is consistent with similar regulations throughout the country’s history — in particular, around the time of the Second Amendment’s adoption.
“The first ‘cooling off’-style waiting period did not come into existence until the 1990s. Thirty years ago. Hardly a tradition,” said attorney Michael D. McCoy for the law’s challengers. “There should not be a further delay, whether it be three days or seven days, imposed on that person. That is unconstitutional.”
Assistant Solicitor General Joseph G. Michaels countered that the plaintiffs sought to recognize a constitutional right to “immediate” acquisition of firearms, which would not have been practical at the founding and is a window that is already built into federal law for conducting background checks.
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