10th circuit finds waiting periods unconstitutional

[Eric P]

10th Circuit covers Colorado, Wyoming, New Mexico, Kansas, Oklahoma and Utah.
Firearm transfer Waiting Periods in these states are dead with this ruling.
If the Appeals Court denied NM’s petition SCOTUS is certain to deny it as well.
It’s dead Jim

I hope NM appeals to the USSC. End this nonsense already.

[BPTactical]

Can ya feel that Colorado Democrats?

[Doc45]

So what does this mean for us here in Colorado? Has it been challenged yet or are the folks that do that just sitting on the sidelines? If the waiting period is struck down in one state of the 10th Circuit does it apply to others or does it need to be challenged in each state? I'm not an attorney nor did I stay at a Holiday Inn last night, just wondering from better informed minds than mine, thanks.

[FromMyColdDeadHand]

That's why I asked. I had initially thought this was for a preliminary injunction, but I think this was a final case on the merits. As to an appeal to SCOTUS, does NM have a limited time frame to do it? Even if they do, and say that its gets cert, but just sits there for a year waiting for a potential hearing date- this is still the law of the land in the 10th.

Would you file this in state or in federal court?

I assume that there is already a case that someone has filed in the past, and you could just do a notice to the judge?

And back to the SCOTUS issue, would a CO judge put it on hold to see if SCOTUS takes it- but it is the law of the land in the 10th?

It seems like a no-brainer for someone like RMGO to file a lawsuit and claim a win. Have them be useful for once.

[def90]

That's why I asked. I had initially thought this was for a preliminary injunction, but I think this was a final case on the merits. As to an appeal to SCOTUS, does NM have a limited time frame to do it? Even if they do, and say that its gets cert, but just sits there for a year waiting for a potential hearing date- this is still the law of the land in the 10th.

Would you file this in state or in federal court?

I assume that there is already a case that someone has filed in the past, and you could just do a notice to the judge?

And back to the SCOTUS issue, would a CO judge put it on hold to see if SCOTUS takes it- but it is the law of the land in the 10th?

It seems like a no-brainer for someone like RMGO to file a lawsuit and claim a win. Have them be useful for once.

Why RMGO? The group that filed this case and won is Colorado based (Mountain States Legal Foundation) and has done more for gun rights in this state over the last decade than RMGO has.

[FromMyColdDeadHand]

Why RMGO? The group that filed this case and won is Colorado based (Mountain States Legal Foundation) and has done more for gun rights in this state over the last decade than RMGO has.

I don't care who does it, I didn't know who was the representation on the NM case. I'm just surprised there hasn't been more about this. Even with Weiser complaining about it.

I mentioned RMGO since they seem like they'd relish the fact that they could get a win for little or no cost.

Stopping by the LGS tomorrow to see what they say.

[FoxtArt]

I have not dug into it yet to see when mandate would issue, etc., but my best recommendation for people is be patient.

Most states in a district will resolve issues independently once something is truly final. E.g. a case is likely entirely unnecessary. Don't expect it resolved on day 1, but give it a minute.

It's easy to be a plaintiff in an action, which can be as little as 4 hours of work. On the other hand, it takes thousands of hours for the legal team behind the Plaintiff, and federal district actions can run 2 years before initial orders, up to a decade with all appeals.

It's MUCH preferable for a state to bring its own shit in alignment with recent rulings.

Patience.

[O2HeN2]

I'm wondering when it's found to be unconstitutional, if the state has to refund the monies collected. If so, save those receipts!

O2

[Doc45]

Unfortunately this corrupt state will continue to do everything it can to deny/delay our constitutional rights. I keep saying that if my grandkids weren’t here I’d be gone.

[BPTactical]

I mentioned RMGO since they seem like they'd relish the fact that they could get a win for little or no cost.

It would be the only thing they ever won....