Federal judge denies effort to block Colorado’s new gun control law
The law, which imposes a three-day waiting period on firearm purchases, was challenged by a Colorado gun rights group. However, on Monday, Senior U.S. District Court Judge John Kane ruled against the group’s request for a preliminary injunction, citing statistics from bill proponents on how it would prevent suicides and homicides.
Despite this defeat, the group and supporters have vowed to appeal to the 10th U.S. Circuit Court of Appeals.
However, this may prove to be a daunting task as the 2022 Supreme Court decision on a similar gun law in New York has set a precedent for the constitutionality of gun control measures.
In that case, the court ruled that if a gun statute regulates something protected under the Second Amendment, then it must be proven to be part of the historical tradition for it to be constitutional. This was the basis for blocking enforcement of Colorado’s law raising the age to purchase guns to 21.
Despite the state's appeal of this ruling to the 10th Circuit, the Colorado Attorney General's Office argued that the waiting-period law does not infringe on the Second Amendment right to bear arms. They also stressed that the legislation is in line with the nation's historical tradition of firearm regulation.
Governor Jared Polis has signed other bills this year that second amendment advocates believe also restrict gun owner’s right to own and bear arms. The other laws, which include rollback of extra protections for gun manufacturers and an expansion of Colorado's red flag law, have yet to be challenged.
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However, this victory may be short-lived as this lawsuit against the waiting-period law continues. And with Kane's appointment to the federal bench made by Democratic President Jimmy Carter in 1977, conservatives may still have hope for future decisions.
But for now, the three-day waiting period remains intact.