Mountain States Legal Foundation Sues to Block Colorado’s 3-Day Waiting Period

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Alicia Garcia courtesy Mountain States Legal Foundation

From Mountain States Legal Foundation . . .

Colorado’s law is not just a waiting period on the right to possess peaceably purchased property. It is a delay on safety itself. On October 1st, Colorado’s new 3-day waiting period law went into effect as passed by the state’s legislature and Governor Jared Polis, requiring those who purchase a firearm to wait three days before acquiring the gun. That is, once a citizen has passed a federal background check, a state background check, and paid for a firearm upfront, the government then mandates an additional 72-hour delay prior to taking possession of a firearm.

With this new law, Colorado is delaying and therefore denying its citizens their Second Amendment rights and their right to self-defense. Mountain States’ client Alicia Garcia says, “Asking someone to wait 3 days for self-defense is to put them at risk for harm.” Alicia personally has friends who are trying to stay away from abusers, and in many cases a firearm is the only chance they have of defending themselves. When Colorado forces them to wait an additional 3 days to have access to the protection and security a firearm gives, it leaves these women vulnerable and puts their lives in danger. Alicia said, “This law puts people like my friends and so many other women at risk for death, harm, and rape. The politicians say this is about people’s safety—this law is a danger to the most vulnerable.”

Anyone who paid attention to the Supreme Court’s historic decision in NYSPRA v. Bruen decision would realize that this new Colorado gun law is unconstitutional. The fact that anti-gun politicians would even attempt this law speaks to their desperation to undermine the Supreme Court and our supreme law. It is part and parcel of a hostility toward the rights of Coloradans and Americans to defend themselves. Brian Abbas, director of MSLF’s Center to Keep & Bear Arms, says, “They have an agenda to outlaw guns as much as possible and they are going about it meticulously and keep trying to chip away at gun rights.”

If the courts strike down the law, it will send a clear signal that any delay in a person’s right to keep and bear arms is a denial of that right. If the courts uphold the law, however, it will stand contrary not only to the text of the Second Amendment and the Supreme Court, but against the most basic right of protecting oneself and family.

Mountain States Legal Foundation is representing Alicia Garcia in her fight to educate and protect others, as well as Rocky Mountain Gun Owners. We seek nothing short of a complete invalidation of the law by the federal courts, and a return to constitutional sensibility.

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    • They got what they enthusiastically all voted for. An open hom0sexual married with children. That is all they have ever cared about. They don’t care about the hard difficult things. They only care about “the soft things”.

      And they are very proud of their Libertarian g@y governor. I’m so happy that the republican governors are now targeting, I mean, sending illegal aliens to Denver. A self described sanctuary city.

      And it seems the libertarians liberals and the left who moved out of California and went to Colorado. Are now leaving that state. They brought their politics with them. When they left California.

      And they destroyed Colorado. It was once a free state. Now Colorado is a slave state. But at least you can do drugs in public. Without fear of being arrested.
      But no guns for you.

        • The ones who voted for him. They all knew what they were doing, and enthusiastically voted for this open homosexu@l anti-civil rights politician.

          I’m not referring to people like you who didn’t vote for this “happy fascist”.

      • A significant part of the state hates him and what he is doing. Sadly, Denver and Boulder control the rest of us (many of us refer to Emperor Polis as the Governor of Boulder since he only does what Boulder wants and not what the rest of the state wants). In his first week in office he got a law passed that violated half of the bill of rights, and another one that was shut down at the polls (I have never seen a ballot initiative fail that bad before).
        So many of us want him out of office, but that fails because “the only reason to not like him is because he is gay”.

      • Polis is nowhere near being a libertarian, but msybe a libertine.. Watch out. He’s got money and is on the short list for Dem Presidential nominee. Whichever party that can get away from Trump or Biden is going to win the independents and the race.

  1. our legislature ( made up of out of state libs ) just passed the same bulls**t in our state! For our “protection”!! It’s what they do, take over local and state bodies then run for federal office!

  2. Maryland: handgun wait period is 5 business days, long-guns no waiting period at least the last I looked. For handguns one needs the okay by the State Police (background) once one receives approval the NICS check can be initiated. Don’t remember specifics on scary rifles, Maryland’s 2013 ‘safety law’ actually breaks the law so ‘scary’ rifles are still sold here in some configurations from what I understand.

    • Living next door and about 400 yards from Maryland I feel for you. Had to go over my car last night and get the gun and ammo because I thought I might be driving through a sliver of Maryland this morning. They have stopped West Virginia public employees, who had to be armed on the job for driving through Maryland from one WV state facility to another to make sure they had the guns and ammo properly stored!

    • 10 days for every purchase or transaction of any firearm here in CA. Been 10 days for many years. LEOs and CCWs are not exempt.

      Think about this…a LEO or CCW is likely to have an existing gun on their person at the time of purchase, so having to wait for California’s “cooling off period” to pick up another one is absurd.

      • Maybe a 10 day wait on cell phones would make liberal dupes realize how stupid waiting periods are.

        Of course. waiting periods are not really about preventing impulsive gun crimes at all – contra the usual spiel – they are intended to reduce impulse buys.

  3. Colorado is a sad case of liberals taking over a formally great state. I have spent time there since about 1955 for various reasons and have seen it deteriorate in the last 15 or 20 years to another liberal hell hole dominated by the cities along the front range. At the same time my home state, West Virginia, that everybody ignores has turned blood red and I retired to the mountains of one of the reddest parts. I’ll pass on the Rocky Mountain high for an Allegheny Mountain one, thank-you!

    • Yeah, of John Denver’s two favorite places, seems like his cry to “Take Me Home” to West Virginia may have emerged as the better option. Shame, I was born in Colorado, I live in Colorado but, I am finding it harder and harder to love Colorado.

      • Amen. Likewise…. It’s not “my” state anymore. A open pervert as governor, and a pack of libs in the legislature… we’re over run with Californicators… less and less freedom here every year. Actually considering rural Florida…

    • You nailed it. Been in and out of Colorado for 40 years. I’m currently selling my mountain home because I value my principles over my view off my deck.

  4. So called law Defeats the whole purpose of filling out a 4473 and doing an instant NCIC…Law contradicts procedure and IMO clearly not worth the paper it is written on.

  5. The drug legaliz@tion crowd and the sexu@l liberation crowd will take away your Bill of Rights.

    And in turn, they will give you “free” condoms. “Free” abortions, “free” sex change operations. And a “free” government doctor.

    To monitor you in the government injection centers so that you don’t die. Of a drug overdose because you voluntarily put poison into your body.

  6. Really tired of the BS line; “they got what they voted for”. Just because a slim majority voted wrong or an election was stolen, doesn’t mean the rest of the ‘honest’, ‘responsible’ citizens have to lay down or bend over. I only get one vote, but I still should have my rights if things don’t work in my favor.

    • Exactly Brian! I moved to Colorado from Californistan in 2015. I didn’t vote for the liberal pricks in Cali and I didn’t vote for the chicken neck sucker here. Honest people get one vote. The dems and the dead (but I repeat myself) get as many votes as they need to steal an election.

    • There is no such thing as an election.
      Elections, such as they are, are dependent on trust and faith in the system administering that election.

      As long as I’ve been alive trust in government has been below 50% with the short exception of the post-911 bounce. No trust = no election. Only dictated “results” enforced at gunpoint.

      It’s all a fairytale. Ignore it when you can. Comply with it when you must but never for a second believe it’s legitimate.

  7. Is there any text, history, or tradition requiring waiting periods to possess purchased firearms? Is there any text, history, or tradition mandating firearms to be serialized?

  8. Some people need to really be honest with themselves. And you don’t have to do it in public. You can do it in your home alone.

    Why is it, that the Southern slave states that were crushed in a Civil War, and would later produce racist gun control laws, and a century and a half later, would be passing constitutional Carry??? Giving gun civil rights to blacks and everyone else.

    While the states that made war on the Southern states are now writing, passing and promoting racist gun control laws.

    I remember reading and watching hom0sexuals on TV. Saying how glad they were, they ran away from the South. So they could be “free” in states like California.


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