PDA

View Full Version : 10th circuit finds waiting periods unconstitutional



O2HeN2
08-19-2025, 12:42
Since the 10th covers Colorado, and I get lost in all the legal steps, what is the process now to eliminate Colorado's waiting period?

https://www.nraila.org/articles/20250819/tenth-circuit-holds-new-mexico-s-7-day-waiting-period-unconstitutional-in-nra-case

O2

BPTactical
08-19-2025, 13:13
Somedays you eat the bear, other days the bear eats you....


I dont see where this is a bad thing though....

Clint45
08-19-2025, 15:29
Waiting periods make absolutely no sense. They practically eliminated sales from out of state vendors at gun shows, and discourage making a long trip across the state to make a purchase. If you have a CCW there should be no waiting period.

Sawin
08-19-2025, 17:33
Waiting periods make absolutely no sense. They practically eliminated sales from out of state vendors at gun shows, and discourage making a long trip across the state to make a purchase. If you have a CCW there should be no waiting period.

Agreed, plus some… such as if you’re 18+ and not a convicted felon. Simplest terms for eligibility = correct in my opinion.

stodg73
08-19-2025, 17:51
Now there is a circuit split between the 9th and 10th circuit courts, and maybe others.

eddiememphis
08-19-2025, 19:50
On A similar note...

https://reason.com/2025/08/18/court-kills-californias-one-gun-a-month-law/

California's one-gun-a-month law was challenged by a coalition of individuals and groups... A U.S. district judge found the law unconstitutional last year, though the decision was stayed by the Ninth Circuit Court of Appeals pending appeal. A three-judge panel of the same court reversed the stay last August, leaving the law unenforceable. Then, in June of this year, three judges of the Ninth Circuit Court of Appeals ruled on the appeal that the law in fact violates the Second Amendment.

So waiting periods are being ruled unconstitutional as are purchase limits. That bodes well for licensing, I mean mandatory education schemes as well.

BPTactical
08-20-2025, 08:09
Waiting periods make absolutely no sense. They practically eliminated sales from out of state vendors at gun shows, and discourage making a long trip across the state to make a purchase. If you have a CCW there should be no waiting period.

*Why do you think they exist?










*asks in obvious Captain Obvious tone.......

Scanker19
08-20-2025, 08:27
Waiting periods make absolutely no sense. They practically eliminated sales from out of state vendors at gun shows, and discourage making a long trip across the state to make a purchase. If you have a CCW there should be no waiting period.

It’s a feature, not a bug.

Also in NM we bypass the wait with a CCw but they also want 14 days and no bypass. But still, you passed a background check. An arbitrary wait for a constitutional RIGHT is asinine.

Eric P
08-20-2025, 15:36
It’s a feature, not a bug.

Also in NM we bypass the wait with a CCw but they also want 14 days and no bypass. But still, you passed a background check. An arbitrary wait for a constitutional RIGHT is asinine.

Background checks (government permission to possess
a tool that restricts government power) should also be eliminated. Only thing that should prevent purchase or possession of a firearm/weapon is that you are incarcerated. Once released, you are considered rehabilitated and all rights should be restored.

Clint45
08-20-2025, 15:52
Only thing that should prevent purchase or possession of a firearm/weapon is that you are incarcerated. Once released, you are considered rehabilitated and all rights should be restored.

All 50 states have a different procedure for restoring rights. Some refuse to do so or make it impossibly difficult, others automatically restore them after 5 or 10 years.

Vermont was the only state not to strip ex offenders of rights. The ATF position was: "Well, technically, if those rights were never taken away THEY WEREN'T RESTORED, so we're arresting you for felon in possession of a firearm federally even though you're legal under state law."

FromMyColdDeadHand
08-20-2025, 18:38
This is just a former injunction ruling, but I think it provides well for us. I think it would be able to be cited in the lawsuits against the Colorado law, especially in regards to getting some kind of preliminary injunction relief. Also votes well for a final decision on The whole law.