Did California Set a New Standard for Waiting Periods in Your State?

By Dave Dolbee published on in News

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.

Second Amendment document

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.”

Calguns Foundation

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.”

Second Amendment Foundation

National Organizations such as the Second Amendment Foundation are the great defenders of our rights.

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.

SLRule

Growing up in Pennsylvania’s 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 Dave’s writing career, he has written for several smaller publications as well as many major content providers such as Guns & Ammo, Shooting Times, Outdoor Life, Petersen’s Hunting, Rifle Shooter, Petersen’s 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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Comments (87)

  • DaveW

    |

    Understand there are boar to the northwest of Napa.

    I’m in Shasta Co. Hunting used to be great. Unfortunately, we have a problem with Asians coming north from SF with refrigerated trucks and poaching bear, deer, elk, as well as salmon and abalone, and hitting the forests for mushrooms.

    It’s that kind of stuff which has ruined things for the rest of us.

    The whole system is breaking down. Different factions of the progressive movement. Environmentalists. Animal rights. Anti-gun. Politics. Law. Education. And so much more. All working to destroy the American Way of Life, which was good for nearly 200 years, even with it’s faults, and now these progressives say we were wrong for those two centuries. And they have all become so radicalized; replacing the simple movements many of them began with… though I do believe that this has all been planned many decades ago. Now it’s the “perfect storm” of a Marxist president, surrounded by his like thinking cronies, aided by progressives in Congress and on the Supreme Court, along with the ACLU, unions, etc. It’s bad enough when al Qaida and ISIL hate us, but when our own people want to destroy us, we are really up the proverbial creek.

    Reply

    • Ilhunter

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      When poachers are found hanging in place of game in their own refrigerated trucks, they will slow their roll and stop desecrating our freedoms and resources. It’ s past time to stop blogging and to take action.

      Reply

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