Waiting period found unconstitutional

[Gila]

This affects New Mexico’s 7 day waiting period and some other Western States as well.

 

[E.Shell]

I'm glad to see this!

Maybe it will eventually trickle down to Maryland. We can 'Cash & Carry' long guns, but handguns require a Maryland State Police "Not Disapproved" stamp and an 8 day wait.

 

[Gila]

Sure is possible. Someone in Maryland’s Federal Court would need to file suit. This decision was by the tenth circuit which impacts gun owners in New Mexico, Colorado, Utah, Wyoming, Kansas, and Oklahoma. But the same argument could be made against gun control laws in other states across the country.

From NRA-ILA: “The Tenth Circuit held that New Mexico’s law violates the Second Amendment. Judge Tymkovich, writing for the court, determined that the right to keep and bear arms necessarily includes the lawful acquisition of firearms and, therefore, “cooling off” waiting periods infringe on Second Amendment-protected conduct.”

 

[5MilesBack]

I've been saying our waiting period was unconstitutional since CO put it in place. What was even worse than our 3 day waiting period though, was ordering a rifle online, waiting 9 days to get it to the store, then driving 30 minutes just to file the 4473 so I could drive home another 30 minutes, only to have to come back in 3 days to actually pick it up. So the 3 day wait ends up being 13 days in actuality. Idiots. All of them idiots.

 

[justin davis]

So what does this mean for Colorado that has the 3 day wait period?

 

[Gila]

The decision will be handed back to the District Court for the District of New Mexico for the entry of a preliminary injunction. Someone in Colorado would need to file in the District of Colorado. May be as simple as filing an injunction referencing the 10th Circuit decision, but I am not an attorney so just my best guess. I would contact your local NRA-ILA rep to find out.

 

[E.Shell]

...“cooling off” waiting periods...

Next to having to make two trips to buy one gun, that always irked me the most. Wait for a "cooling off period" when I already have ten or fifteen handguns, some that stay already loaded. Dammit, I just bought a new gun I want to play with!!

As bad as that law is, there should have been an exemption for that. We Maryland residents are required to have an "HQL" (Handgun Qualification License) to buy a handgun, which requires a class and fingerprinting. If you already own a documented handgun, you can skip on the class and prints - should have been like that for the Brady Act BS.

 

[nm.otter]

NM law did exempt CCW permit holders from the waiting period.

 

[pods8 (Rugged Stitching)]

NM law did exempt CCW permit holders from the waiting period.

Colorado didn’t

 

[Clark33]

WA has a ten business day waiting period, regardless if you have a conceal carry or not. I’m assuming this decision will affect WA as well?

 

[Gila]

WA has a ten business day waiting period, regardless if you have a conceal carry or not. I’m assuming this decision will affect WA as well?

Yes, it could. The 9th Circuit upheld California’s 10 day waiting period back in 2016. But when you read the argument, it was razor thin and subjective in nature by assuming that the impact was severe without defining what severe was. Gun owners in WA could sue in WA US District Court, if they lose then appeal to the 9th Circuit. Anyway that is how it went in New Mexico.

 

[Gila]

NM law did exempt CCW permit holders from the waiting period.

And family transfers I beleive