A coalition led by the National Rifle Association has filed a federal lawsuit challenging Illinois’ 72-hour waiting period for firearm purchases, arguing the law violates the Second Amendment by forcing law-abiding citizens to delay taking possession of firearms even after passing background checks.
The lawsuit, Pearlstein v. Raoul, was filed in the U.S. District Court for the Northern District of Illinois by the Mountain States Legal Foundation, the NRA, the Illinois State Rifle Association, and other plaintiffs. The complaint seeks to invalidate Illinois’ mandatory three-day waiting period, which applies to virtually all firearm transfers in the state.
Plaintiffs argue delay lacks constitutional basis
The plaintiffs contend Illinois’ waiting period cannot survive the Supreme Court’s modern Second Amendment framework established in New York State Rifle & Pistol Association v. Bruen because the state cannot point to a comparable historical tradition of delaying firearm purchases by qualified buyers.
According to the complaint, purchasers who have already obtained a Firearm Owner’s Identification (FOID) card and successfully passed required background checks are nevertheless prohibited from taking possession of legally purchased firearms for at least 72 hours.
The lawsuit argues the delay serves no constitutional purpose and burdens citizens who may need immediate access to a firearm for lawful self-defense.
“Illinois forces citizens who are unquestionably eligible to own firearms to wait three more days before exercising a fundamental constitutional right,” Mountain States Legal Foundation said in announcing the lawsuit.
Illinois has defended waiting period
Illinois requires a 72-hour waiting period before a purchaser may take possession of a firearm, regardless of how quickly the background check is completed. The requirement applies to purchases from licensed dealers as well as private transfers processed through a federally licensed firearms dealer.
Supporters of waiting periods argue they can reduce impulsive acts of violence and suicide by creating a “cooling-off” period between purchase and possession.
Gun rights advocates counter that criminals do not comply with waiting periods and that delaying lawful purchasers infringes on the constitutional rights of individuals who have already been vetted and approved to own firearms.
Part of broader legal fight
The lawsuit is the latest challenge to Illinois’ firearm regulations, which have become the focus of multiple constitutional cases in recent years.
Just this week, the U.S. Court of Appeals for the Seventh Circuit upheld Illinois’ ban on certain semiautomatic firearms and so-called large-capacity magazines, a decision that challengers have said they intend to appeal to the U.S. Supreme Court.
The waiting-period case also comes amid a growing split among federal courts over similar laws. Some courts have upheld waiting periods, while others have questioned whether such delays are consistent with the nation’s historical tradition of firearm regulation under the Supreme Court’s Bruen decision.
If successful, the lawsuit could eliminate Illinois’ 72-hour waiting period and potentially influence challenges to similar laws in other states.
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