Attorney General Bonta Defends Colorado's Three-Day Waiting Period for Firearms Purchases

OAKLAND — California Attorney General Rob Bonta today, as part of a coalition of 21 attorneys general, joined an amicus brief in the U.S. Court of Appeals for the Tenth Circuit in support of Colorado’s law requiring a three-day waiting period for firearm purchases. Attorney General Bonta joined the brief in Rocky Mountain Gun Owners v. Polis after the district court denied a preliminary injunction that would have halted Colorado's enforcement of the law. States across the nation—including California—protect their citizens through the application of similar waiting period laws because such laws have been proven to promote public safety and curb gun violence. 

“Reasonable waiting period laws for firearm purchases allow states to implement background checks and create a buffer between gun purchases and gun acquisition, which have been proven to help prevent senseless and impulsive acts of gun violence in our communities,” said Attorney General Bonta. “Gun violence is an urgent public health issue—we must continue defending upstream interventions that work; and waiting periods simply work.”

In today’s brief, the states argue that Colorado's waiting period law is consistent with the long-standing practice of regulating gun safety and shielding communities from gun violence by assuring that only law-abiding and responsible persons acquire guns. Colorado’s waiting period resembles measures taken by other states that explicitly impose waiting periods or the laws of states that functionally impose waiting periods through their licensing and background check schemes. The immediate purchase and acquisition of a gun allows people to act on temporary emotions and impulses, which can increase the risk of both gun suicide and gun homicide. Research has repeatedly shown waiting period laws that delay the purchase of firearms by a few days can reduce gun homicides by approximately 17%, and suicide rates by 7- 11%.  

Attorney General Bonta stands with partners throughout the state to continue tackling the issue of gun violence strategically and aggressively by:

• Defending California’s commonsense gun laws, including its assault weapons ban and restrictions on large-capacity magazines.
• Educating the public on gun violence prevention through the Office of Gun Violence Prevention, including through the first-ever data report issued by the office to provide a robust review of gun violence data in California and throughout the U.S. and to help guide policy and strategy discussions related to reducing gun violence.
• Advocating for gun laws including by sponsoring Assembly Bill 1594 to increase accountability for the firearm industry, working to strengthen federal laws to protect the public from ghost guns, and successfully defending California’s laws to prevent gun violence.
• Seizing guns from prohibited persons in the Armed and Prohibited Persons System, and through multiagency sweeps in the Bay Area and Los Angeles County, conducting operations targeting individuals attempting to illegally purchase guns, and collaborating with local law enforcement partners.
• Ending the sale of illegal firearms through litigation against ghost gun retailers, and by putting a stop to the sale of illegal assault weapons in Orange County  

In filing the brief, Attorney General Bonta joins the attorneys general of the District of Columbia, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Pennsylvania, Rhode Island, Vermont, Washington, and Northern Mariana Islands.

A copy of the brief can be found here.