Vern Evans
Following a deranged whack job opening fire on a busy interstate highway last week, some Kentucky lawmakers have decided that a waiting period would be just the ticket to stop a violent person from acting out the violence they are planning in their head.
According to a story posted at spectrumnews1.com, authorities are searching for Joseph Couch, who allegedly opened fire on cars traveling along I-75 on September 7. Since Couch allegedly bought gun and ammunition only hours before the attack, one state representative, Democrat Rep. Keturah Herron, believes a waiting period law should be considered.
Interestingly, it seems that Herron has no idea whether waiting periods would really be a good idea or if they’ve even been successful in other states that have passed such laws.
“We have to start looking at all of these incidences of gun violence and start to come up with solutions that’s going to have the greatest impact,” Herron told Spectrumnews1.com. “I don’t have the answers, but I know that we’ve got to do something, right? And so, we got to start somewhere.”
Starting “somewhere” by passing legislation that they don’t know whether or not would be effective is a common tactic for the gun-ban crowd. It’s an extension of the old chestnut, “We’ve got to do something,” even if that something doesn’t make anyone safer.
Unfortunately for waiting period proponents like Herron, waiting periods aren’t effective at stopping either crime or suicide. Since two-thirds of gun owners own more than one gun, a so-called “cooling-off” period for these gun owners could not possibly have any effect.
Additionally, anecdotal evidence about a person who purchases a firearm and then immediately uses it to harm themselves or somebody else is just that: anecdotal. There is no scientific evidence that waiting periods have an effect on suicide, homicide or mass shootings.
Additionally, most guns found at crime scenes were not purchased in the past three days before the crime was committed. According to a 2023 report by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the majority of guns recovered at crime scenes were sold more than three years before the crime was committed.
On the other hand, if a person is in immediate danger of harm—say a single mom whose ex-husband has threatened her life—a waiting period could be devastating. Imagine waiting for three days to take possession of a gun you’ve already purchased and paid for, expecting at any time your violent ex to bust down your door and kill you.
Additionally, under the standard for considering Second Amendment cases set down in the 2022 U.S. Supreme Court ruling in New York State Rifle & Pistol Association v. Bruen, waiting periods for purchasing firearms are almost certainly unconstitutional. As to whether the Second Amendment’s plain text covers an individual’s conduct, The right to “keep” arms necessarily implies the right to obtain arms. After all, “keep” means to possess or “have weapons.” And waiting periods prevent individuals from taking “possession” of the firearms they’ve already purchased.
Considering the second Bruen standard—a historical precedent from the Founding era—waiting periods again don’t meet constitutional requirements. The first waiting period law was not enacted until 1923, and involved a one-day waiting period for handgun sales in California.
Fortunately for Kentucky gun owners and gun purchasers, such legislation would face an uphill battle if introduced. While the Democrats control the office of governor, Republicans have the majority in both chambers of the state legislature.
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