Calif. 10 day waiting period.

[VARMINT POPPER]

GUN RIGHTS ALERT **



...California Gun Waiting Period Laws
Ruled Unconstitutional

Federal court decides 10-day waiting period laws violate Second Amendment rights
ROSEVILLE, CA (August 25, 2014) – California’s 10-day waiting period for gun purchases was ruled unconstitutional by a federal judge this morning in a significant victory for Second Amendment civil rights. The laws were challenged by California gun owners Jeffrey Silvester and Brandon Combs, as well as two gun rights groups, The Calguns Foundation and Second Amendment Foundation.

In the decision released this morning, Federal Eastern District of California Senior Judge Anthony W. Ishii, appointed to the bench by President Bill Clinton, found that “the 10-day waiting periods of Penal Code [sections 26815(a) and 27540(a)] violate the Second Amendment” as applied to members of certain classifications, like Silvester and Combs, and “burdens the Second Amendment rights of the Plaintiffs.”

“This is a great win for Second Amendment civil rights and common sense,” said Jeff Silvester, the named individual plaintiff. “I couldn’t be happier with how this case turned out.”

Under the court order, the California Department of Justice (DOJ) must change its systems to accommodate the unobstructed release of guns to gun buyers who pass a background check and possess a California license to carry a handgun, or who hold a “Certificate of Eligibility” issued by the DOJ and already possess at least one firearm known to the state.

Good Shooting

Lindy

 

[Road Rat]

WOW!!

One of the biggest wins for pro-gun in a long time.....

 

[ChattanoogaPhil]

I like the ruling... but am not sure how a 10 day waiting period only violates the US Constitution the second time you purchase a gun but not the first time.

 

[Bruce51]

I've been buying guns and waiting to pick them up since the 1970's

At first it was five days, then fifteen and now ten.

So with all these waiting periods and DROS fees we finally have a ruling about the waiting period being Unconstitutional.

I'll take it as a step in the right direction.

Maybe all of us gun owners should flood the DOJ with requests for our Certificates of eligibility.

After all, if we pass the check and own one gun the check and waiting becomes a pointless exercise in bureaucratic control when buying additional guns.

Maybe the judge gets it, but watch for new regulations in the next session.

BLM

 

[Hans Gruber]

The problem is politics.
Kamala Harris will continue to do business as usual and IGNORE the Court's order. The odds of Kamala Harris facing REAL criminal consequences for her illegal actions while in office are ZERO....

It's a GREAT WIN...but it will require yet ANOTHER COURT ruling to force Kamala Harris to comply....maybe more.

 

[LoboGunLeather]

Beat me to it. I just caught this on another source.

Could always be better, of course. But they infringed on Second Amendment liberties one step at a time and this appears to be one step back toward the original intent.

 

[Gunhacker]

^^^^ When you look at the lawsuits being filled in CA, this plays into what looks to be a series of strategic suits to build rulings to topple other CA laws.

This win will go towards getting the CA one handgun per 30 days purchase restriction for handguns from a dealer (no such restriction for consignment sales or private party purchase/transfers) also declared invalid, as it inflicts a 30 day waiting period that has the same effect on 2A rights as the 10 day wait when the court ruling is applied.

This is going to be fun watching the pro-gun groups "reverse engineer" what the CA legislature engineered into place... next stop, the blasted "safe handgun roster" list.

 

[Rex Goliath]

I am probably on the wrong side of the majority of forum reader opinions or gun rights activists about waiting times. The Calif AG could not or was unwilling to try to make a case for a waiting period? Really? She is therefor the lamest AG...and I am a native of the Republik of Cali Sud.

Even those with mental health issues have figured out that "patience is a virtue". Sure, its a good idea...right!, No waiting gives those like Isla Vista killer Elliot Roger just what he wanted; immediate access to 2 Sig P226's a Glock 34 (& don't forget...he had a knife which he used first to slit the throats of his roommates before he went on the shooting rampage). Nothing stopped him in taking his time to plan the execution of his mayhem. A 10 day wait did not deter him whatsoever. Nor did a magazine limitation of X number of rounds, or integrated gun lock, or hammer blocks or trigger safety, nor drop testing.

There are so many other irrational laws, rules & regs wrong with Calif gun laws...example, how about the Calif Gun Roster, private party transfer, registration + ATF's dumb 50 year old gun qualifier for (C&R) "curio & relic" vintage guns. All fine examples of bureaucracy. I'd much rather have had the Court rule on the Calif Gun Roster than the rational and reasonable 10 day waiting period.

The Calif Gun Roster, registration (a true infringement)...ridiculous. IMHO, It is all just a precursor for more big government interference banning all knives made prior to 2005 or 2010 which have a factory blood gutter, serrated edge, clipped tip point, choil &/or lanyard hole and marlin spike. Next thing the big brother will require me to register what? ...my "curio & relic" vintage (BSA) hobo knives with the spoon & fork

“Tolerance is the last virtue of a dying society” – Aristotle
"Oderint dum metuant" – Roman Emperor, Caligula


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[the ringo kid]

I like the ruling... but am not sure how a 10 day waiting period only violates the US Constitution the second time you purchase a gun but not the first time.

I heard something very similar to what you said. Something like, only those who already had a weapon can skip the 10 day period but--those who are buying the first time--still have to go through th waiting period. I THINK I heard this on either FOX news or CBS evening news--just last night.

 

[Hans Gruber]

I heard something very similar to what you said. Something like, only those who already had a weapon can skip the 10 day period but--those who are buying the first time--still have to go through th waiting period. I THINK I heard this on either FOX news or CBS evening news--just last night.

Because the 10 wait is touted as a "kooling off period" based on the assumption that someone has just snapped, decided to kill another - or others, and has bought A gun for that purpose....not having any other guns in their possession means withholding delivery x10 days = "cooling off."
For someone who already owns 48 pistols, 25 rifles, 12 shotguns, 17 swords, 5 tomahawks, and a brace of chrome-plated claw hammers, waiting 10 days to pick up THAT GUN is a bit ridonkulous!

 

[Kilibreaux]

"must change its system" equates to NEVER in modern parlance!
We've entered the age where Law is made from the Bench and equally ignored by those APPOINTED by those ELECTED!

 

[Gunhacker]

Because the 10 wait is touted as a "kooling off period" based on the assumption that someone has just snapped, decided to kill another - or others, and has bought A gun for that purpose....not having any other guns in their possession means withholding delivery x10 days = "cooling off."
For someone who already owns 48 pistols, 25 rifles, 12 shotguns, 17 swords, 5 tomahawks, and a brace of chrome-plated claw hammers, waiting 10 days to pick up THAT GUN is a bit ridonkulous!

Exactly !! And at one time, it used to be in CA that long guns did not have a waiting period, while handguns did.

 

[steelslaver]

If only the courts would toss out all the ridiculous and ineffective gun laws. Then, I wouldn't be able to own a sawed off bazooka or a nuclear round for an 8" Howitzer. That would about cover it IMHO

 

[cmj8591]

I wonder if they will now have a 10 day waiting period on plastic grocery bags? Now only outlaws will have plastic grocery bags.
I think what we are seeing now is the result of corrupt, one party rule and instant communication. It has gotten to the point where none of this insanity is even about gun control anymore. I think it's more about politicians debating and passing laws just to get public attention and trying to stay relevant in the eyes of what they perceive to be the majority of voters. We have this problem here in Mass.. They spend their day thinking of what bill they can introduce just to get on the 6 o clock news. The result is a mish mash of laws, most of which are unenforceable and half of which contradict the other half. It took Rome 1000 years to get to this point but they didn't have the 24 hour news cycle or the internet.

 

[Straightshooter2]

I like the ruling... but am not sure how a 10 day waiting period only violates the US Constitution the second time you purchase a gun but not the first time.

Phil, my take on it is that is how the plaintiffs field the suit. To overturn the waiting period for those already owning guns and in their suit did not bring into question the constitutionality of the waiting period as a whole. I believe the judge even commented in his ruling that they did not question the overall law, just how it applied to them. He did cite McDonald, Heller and some other rulings. I'm not a lawyer but it almost sounded like he was leaving the door open for further suits.

CW

 

[Bionic_Man]

IMHO, BSing with the guys at my local shops, it is about collecting taxes. Cooling off period, back ground check, or whatever, it still $25 income to the state. How much time does it take to check I'm legal? Say 15 minutes, that would be $100 an hour for a clerk to enter and read a screen and 10 days to complete the task by not responding (confirming I'm legal).

 

[the ringo kid]

Because the 10 wait is touted as a "kooling off period" based on the assumption that someone has just snapped, decided to kill another - or others, and has bought A gun for that purpose....not having any other guns in their possession means withholding delivery x10 days = "cooling off."
For someone who already owns 48 pistols, 25 rifles, 12 shotguns, 17 swords, 5 tomahawks, and a brace of chrome-plated claw hammers, waiting 10 days to pick up THAT GUN is a bit ridonkulous!

I fully agree. Heck,long before I got into LE, I was selling vintage guns out ofmy home.At one time-I had around 40 for sale.Most of my business went to local Police and the local Sheriffs office. Now--my permanent collection is tiny includinga total of 5. Im hoping by the end of this year-to have some collectabes sold so that I can buy three more guns.

 

[the ringo kid]

Exactly !! And at one time, it used to be in CA that long guns did not have a waiting period, while handguns did.

I remember when they had that crazy waiting period here. i THINK they did away with it when Bush was still State Gov? or--late 1990s? The gunshow before I bought the P-38 I now have--I bought another P-38--which was stoln circa jan 6th 2000-never recovered. That one I had to wait a week on--the next one-my name and such was cleared in an hour and I walked out the door with it. The last two I bought--a rifle and a Pistol. I cleared on the rifle while the guy was still giving my info on the phone-the othe took about 20 minutes because of the volumes of people buying then (Feb this year)

what I found amusing and sad at the same time--when I bought my rifle--was the guy sitting next tome waiting for his name to clear--had been waiting neigh on 3 hours. That guy happened to be the Commanding officer for the local Navy Bases Shore patrol. He looked at me in amazement and asked if I knew somebody high up about getting guns (joking of course) I told him I HAD been in LE but by that time--I had been out for about 13 years. It was then that he todme he was th CO of the Shore patrol at NAS CC.

 

[Gunhacker]

Yep, once upon a time in CA... THIS was possible.

Way back when (early 70's), while waiting for the wife doing her shopping in the Women's clothing section, I wandered over to the Sporting Goods department of the JC Penny we were at, located in the large Tanforan Shopping Mall located in vicinity of the SF Airport.

I purchased my first hunting rifle, a Remington 700 BDL in 7mm Magnum... no CA state paper work involved, just filled out the BATF 4473 form, no waiting period or back ground check, just a check of my CA Driver's License to make sure I met the legal age of 18 or older to buy a rifle. Also bought a sling and a few boxes of ammo for it while I was at it.

I walked through the store to meet up with the wife, carrying the 3 ft. long Green Remington card board box with "Remington" emblazoned on it in big white lettering... no big deal, except for her when she eyed it saying "What the ___ did you buy now!!"

 

[bigfruits]

i wouldnt mind waiting 10 days even if that law only prevented 1 a$$hole from killing someone in a pissed off rage.

for people who already own a firearm, the wait does not make sense.

in the end it means less crime, less bad media, less gun restrictions

dont shoot, just my opinion.