Brady Supports Waiting Periods for Firearms

Rocky Mountain Gun Owners v. Polis, No. 23-1380, U.S. Court of Appeals for the Tenth Circuit

Date Filed: May 8, 2024

Topic: Colorado waiting periods

Case Summary: Colorado law requires gun dealers to adhere to a three day waiting period before delivering a firearm to a purchaser. One gun extremist organization, Rocky Mountain Gun Owners, and one individual challenged the law, claiming that it violates the Second Amendment to the United States Constitution. A judge in the U.S. District Court for the District of Colorado held that it is constitutional for the state to require a waiting period. The plaintiffs, seeking to discard the law, appealed this decision to the U.S. Circuit Court of Appeals for the Tenth Circuit. 

Brady’s Amicus Brief: Brady’s brief demonstrates that waiting period statutes, such as the one at issue in Colorado, are a critical tool for reducing firearm suicide and homicide. The brief cites studies that show firearms are the most lethal suicide modality, and evidence establishing that waiting period laws are an effective means of reducing deaths by suicide. Brady’s brief also reminds the Court that firearm homicides reached a 20-year high in Colorado in 2021. Near-instant access to firearms exacerbates these unprecedented social threats to the well-being of Coloradans. Brady explains that, despite the recent rise of this threat, there is ample tradition of wait-centric firearms regulations throughout history. As such, Brady bolsters the argument that the law at issue is constitutional.