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Colorado Makes Arguments Defending Waiting Period in Court

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Colorado’s firearm waiting period faced its first court hearing as state lawyer Joseph Michaels asked Judge Kane to reaffirm an earlier ruling that the measure still holds after Ortega and Wolford. Michaels said the statute tracks the federal background-check schedule and argued that a three-day check, if lawful, should support a matching delay. He also contrasted Colorado’s rule with New Mexico’s longer one, noting Colorado limits only purchasers, does not bind sellers, and offers fewer exceptions.

Michaels further claimed Wolford struck a restriction on guns already owned and therefore does not govern later purchases, treating acquisition as distinct from possession. Opposing counsel McCoy rejected that split, saying a right to keep arms without a right to obtain them makes little sense.

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