Plaintiffs argue it's unconstitutional for gun buyers to be forced to wait; gun safety advocates say studies show 'cooling-off periods' reduce gun deaths
. In its ruling, the high court said judges ruling on Second Amendment challenges must first decide if the conduct in question is constitutional based on the “Second Amendment’s plain text.” Courts then must determine if the government has shown its gun law to be “consistent with the nation’s historical tradition of firearm regulation.”
This new legal framework, typically referred to as the “text, history and tradition” standard, has forced government entities attempting to regulate modern weapons to look for closely comparable laws from around the time the Second Amendment was ratified some 230 years ago.filed in the first waiting-period lawsuit, California has mandated a waiting period for firearms purchases for 100 years.
The plaintiffs in the new lawsuit argue that’s not long enough to satisfy the history and tradition portions of the new legal standard. “No waiting period or any analogous laws existed in the constitutionally relevant period of history,” the lawsuit contends.California’s initial waiting period, enacted in 1923, was one day, but has varied to as long as 15 days in the 1970s, according to the friend-of-the-court brief filed by the gun-safety advocacy group Everytown for Gun Safety.
That same brief outlined the state’s reasoning for mandating a waiting period: It creates “a brief cooling-off period to reduce impulsive violence” and gives law enforcement enough time to determine if the prospective gun buyer is prohibited from purchasing a gun. Among theare those with felony convictions and certain misdemeanor convictions and people found by a court to be a danger to themselves or others because of a mental illness.
In a footnote, attorneys for the plaintiffs said they were not challenging the state’s list of prohibited people but also were not conceding the constitutionality of such prohibitions. Citing the
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