Just when you thought the gun debate in California had ran off the rails, a California judge steps up and displays extreme common sense! Residents of California, the Second Amendment Foundation and Calguns Foundation won a significant court victory in which the U.S. District Court for the Eastern District of California ruled that the Golden State’s 10-day waiting period violates the Second Amendment “as applied to those individuals who successfully pass” the state’s background check prior to the 10 days, and who are in lawful possession of an additional firearm.
The ruling, by Senior Judge Anthony W. Ishii, (Bill Clinton appointee), also noted that the 10-day waiting period violates the Second Amendment for those individuals who pass the background check and who possess a valid CCW license. One of the main reasons waiting periods were extended was to allow a cooling off period for the buyer. Whether you agree or not, the principle is easy enough to understand. However, once you legally possess your first firearm, what is the point of lengthy waiting periods for subsequent purchases? A 10-day waiting period gets even more ridiculous when the purchaser is already a current CCW holder.
SAF General Counsel Miko Tempski added, “Basically, the waiting period doesn’t make any sense when someone has already been cleared, has a concealed carry permit and already owns a gun.”
In his ruling, Judge Ishii relied on other SAF cases including Moore v. Madigan, Ezell v. Chicago and McDonald v. Chicago. He specifically noted, “The Court emphasizes that it is expressing no opinion on the constitutionality of the 10-day waiting period in general or as applied to first time California firearms purchasers.”
Tempski remarked that the court was not asked to broadly throw out the state’s waiting period in every situation, “so we don’t know if it would uphold waiting periods” as being constitutional.
“With this victory,” Tempski said, “years of SAF and Calguns Foundation litigation are coming to fruition. We have built a solid foundation that allows us to successfully challenge irrational laws like this.”
The fight or our Second Amendment rights is an ongoing battle and the Second Amendment Foundation and others have worked diligently for our protection. If you have a chance be sure to support those who are leading the fight for the Second Amendment. You can donate directly to the SAF by clicking here or by clicking here before you make a purchase through Amazon. Not ready? Click it now and bookmark it for future purchases.
Do you think the California decision will have implications to you state’s waiting period? Share your thoughts in the comment section.
Growing up in Pennsylvanias game-rich Allegany region, Dave Dolbee was introduced to whitetail hunting at a young age. At age 19 he bought his first bow while serving in the U.S. Navy, and began bowhunting after returning from Operation Desert Shield/Desert Storm. Dave was a sponsored Pro Staff Shooter for several top archery companies during the 1990s and an Olympic hopeful holding up to 16 archery records at one point. During Daves writing career, he has written for several smaller publications as well as many major content providers such as Guns & Ammo, Shooting Times, Outdoor Life, Petersens Hunting, Rifle Shooter, Petersens Bowhunting, Bowhunter, Game & Fish magazines, Handguns, F.O.P Fraternal Order of Police, Archery Business, SHOT Business, OutdoorRoadmap.com, TheGearExpert.com and others. Dave is currently a staff writer for Cheaper Than Dirt!
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