Ordinance 2022-1835 - Laserfiche WebLink

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Another poll from 2017, which asked participants about their support for a lengthy waiting period of 30 days, found that 75 percent of Americans favor a 30-day waiting period for firearm purchases19; and WHEREAS, waiting periods are consistent with the Second Amendment and fit squarely within the American tradition of ensuring responsible gun ownership through reasonable firearm regulations. The U.S. Court of Appeals for the Ninth Circuit upheld California's 10-day waiting period law against a constitutional challenge in Silvester v. Harris, 843 F.3d 816, 819, 828 (9th Cir. 2016), pointing out that there is "nothing new in having to wait for the delivery of a weapon. Before the age of superstores and superhighways, most folks could not expect to take possession of a firearm immediately upon deciding to purchase one. As a purely practical matter, delivery took time." Id. at 828; and WHEREAS, courts, including the U.S. Supreme Court, have approved public safety or public welfare regulations that delay the exercise of other constitutionally protected rights, like the First Amendment. For example, in Cox v. New Hampshire, 312 U.S. 569 (1941), the Supreme Court upheld a law requiring a religious group to take the time to obtain a permit before holding a parade on a public street, finding the permit requirement was a valid way to maintain public order that did not infringe the religious group's First Amendment rights. Courts have also upheld state marriage license requirements and voter registration requirements, which can delay one's ability to marry or vote, even though these are recognized as essential constitutional rights. A waiting period to exercise Second Amendment rights —which is a powerful and necessary tool to help save lives from gun violence and suicide —is constitutional, just like these other policies; and WHEREAS, it is the purpose and intent of the City Council to impose a waiting period prior to sale of a firearm in the City of Louisville. The City Council finds that a waiting period is needed to help improve public safety and reduce the risk of suicide and impulsive acts of violence. The intent and effect of the waiting period is to create a cooling -off period that reduces opportunities for impulsive acts of violence and self -harm. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LOUISVILLE, COLORADO: Section 1. Section 9.80.010 of the Louisville Municipal Code (Definitions) is hereby amended by the addition of the following definitions, to be inserted alphabetically: See.9.80.010 Definitions. For the purposes of this Article the following terms, phrases, words, and their derivatives shall have the meanings given in this section: 19 Gallup, "Americans Widely Support Tighter Regulations on Gun Sales" (Oct. 17, 2017), https:Hnews.gallup.com/poll/220637/americans-widely-support-tighter-regulations-gun-sales.aspx. Ordinance No. 1835, Series 2022 Page 3 of 6