Colorado argues to keep 3-day firearm possession waiting period

Second Amendment advocates asked a federal judge in Denver to strike down Colorado's three-day waiting period between purchasing and receiving a firearm, arguing recent Supreme Court and appellate rulings against Hawaii and New Mexico gun laws doom the statute. Attorney Michael McCoy, representing Rocky Mountain Gun Owners and plaintiff Alicia Garcia, leaned on Wolford v. Lopez, in which Justice Samuel Alito objected to gun owners being separated from firearms for even an hour, and Ortega v. Grisham, which struck down New Mexico's seven-day wait.

State attorney Joseph Michaels countered that Colorado's law mirrors the federal background-check timeline and differs from New Mexico's broader, unevenly applied version, and that Wolford concerned guns already owned rather than future purchases. McCoy called that distinction 'ridiculous,' insisting there's no coherent gap between a right to acquire and a right to possess.

Senior U.S. District Judge John Kane, who previously denied a preliminary injunction against the law, took notes without tipping his hand and promised a thorough ruling ahead of expected review by the 10th Circuit.

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