Colorado Defends 3-Day Gun Possession Waiting Period in Federal Court
Colorado is defending its three-day waiting period for firearm possession in federal court.
Why it matters: The case could shape future state firearm regulations and influence constitutional interpretations of the Second Amendment nationwide.
- Colorado enacted a three-day waiting period law in 2023, requiring a delay between purchase and firearm possession.
- Plaintiffs Rocky Mountain Gun Owners and Alicia Garcia challenge the law as a Second Amendment violation.
- The 10th Circuit Court struck down New Mexico’s seven-day waiting period in 2025, invoking historical firearm rights interpretations.
- Hawaii’s firearm registration and permit-to-purchase laws were deemed unconstitutional by the 9th Circuit in 2025.
- Colorado’s case, Rocky Mountain Gun Owners v. Polis, was filed in October 2023 and is ongoing.
On August 24, 2026, Colorado argued in federal court to uphold its three-day waiting period for firearm possession, a law enacted in 2023 that mandates a delay between purchasing and possessing a firearm. The law is currently challenged in Rocky Mountain Gun Owners v. Polis, filed in October 2023.
Plaintiffs including the Rocky Mountain Gun Owners and Alicia Garcia argue the law infringes on Second Amendment rights. Their attorney, Michael McCoy, stated, "The government cannot disarm someone by using the presumptive reason of dangerousness." They contend the waiting period unlawfully restricts firearms access.
The challenge comes amid a landscape where similar laws in other states have faced judicial rejection. In August 2025, the 10th U.S. Circuit Court of Appeals blocked New Mexico’s seven-day waiting period, ruling it likely unconstitutional. The New Mexico law, effective May 2024, featured exceptions for concealed carry permit holders, law enforcement, and immediate family transfers. Judge Timothy Tymkovich reasoned, "Cooling-off periods do not fit into any historically grounded exceptions to the right to keep and bear arms," denying the state’s justification for the restriction.
Similarly, in March 2025, the 9th U.S. Circuit Court of Appeals struck down Hawaii’s firearm registration and permit-to-purchase laws, which required permits obtained within specific timelines and in-person firearm inspections at police stations. This ruling further signals judicial skepticism about waiting periods and related permitting schemes.
Colorado’s legal team has defended the statute by stressing public safety benefits from the waiting period. The outcome of this case will be closely watched, as it could set precedent affecting firearm regulation strategies across multiple states and clarify constitutional boundaries related to the Second Amendment.
By the numbers:
- 3 days — Colorado’s firearm possession waiting period enacted in 2023
- 7 days — Length of New Mexico’s waiting period struck down by 10th Circuit in 2025
- 2 major rulings in 2025 — 10th Circuit on New Mexico and 9th Circuit on Hawaii firearm laws
Yes, but: While courts in New Mexico and Hawaii have struck down similar waiting periods, Colorado’s law is shorter and may face different legal scrutiny.
What's next: The Rocky Mountain Gun Owners v. Polis case is ongoing with no announced timeline for resolution yet. Its ruling could influence national firearm regulations.