Legal Issues

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

The Second Amendment is my gun permit

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.

[dave]

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Comments (87)

  1. 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.

    1. 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.

  2. 08/29/2014 – Today, AB 1014 passed the Assembly 47 YES, 25 NO. The bill now proceeds to the Governors desk. Please contact the Governors Office and urge a VETO of AB 1014.

    “This bill would allow any person to seek a “gun violence restraining order” against another person. A court would be permitted to issue the order based only on a person’s affidavit that “the named person poses a significant risk of personal injury to himself or herself or others by possessing firearms.” If the court is satisfied that the affidavit is correct, then the court can issue an order prohibiting the named person from possessing firearms. This extremely dangerous bill would essentially allow any person to create a firearms prohibition on any other person.”

    Those of you from California had better call or email Governor Moonbeam and demand that he veto this bad piece of legislation, or any one of us here in the Golden State is vulnerable to having the storm troopers legally invade our homes and have our firearms stripped from us.

  3. Do I think the decision will have implications for the law? Sure. I think the lefty-legislature will decide to try some new way of delaying anyone’s ability to purchase a gun – like maybe requiring a psych eval for every purchase. Or trying to force wholesalers to delay shipments to FFLs for 10 days. I don’t know what – but just like the Chicago commies, the left coast commies won’t give up on disarming citizens that easily.

  4. in 1933 when FDR made us all enemies of there state we had to have a license to do what was now illegal for us to do. In 1871 when the federal government walked away from the capitol in philly, they walked away from a constitutional government to a Corporation and FDR put all of these agencies in charge of us. The Courts have ruled that not even the governor of your state is in charge of them, they are corporate appellees. that means they can be sued as a man or woman, they are private contractors. Under the hiway safety fund 40% must go back to the political subdivision where the money came from, but the judges and prosecutors are embezzling all the money into there cafra and criss accounts.. that was much easier than to have them replace all that money since 1968 when it took effect.

  5. I think that as long as we have people in this country who have enough money to purchase public opinion, the circus will go on. The Supreme Court will rule on the Law. Yea there might be a liberal or conservative slant to their reasoning but it still ends up within the framework of the Law.
    People need to think about the intent of the Second Amendment. Our Founding Fathers wrote that into the Constitution because they came to the Colonies to escape tyranny from their homelands governments. They understood how high power can corrupt a nations leaders. They wanted us as a Nation to have a remedy written into the law of our land. They wanted us to have the means to Revolt. Not to play with our guns, but to be able to change the way politicians govern, by force if necessary. Now we are faced with all out attacks on the Constitution and our Liberties, by billionaires funding special interest groups who play fast and loose with everything but fact and truth to erode the ability of the people to maintain the sanctity of the law that enables The United States of America to exist. These attacks must be defeated. The Bastards that bring them should be publicly shamed and hopefully those who read the news of the efforts of the low lifes and the efforts of our Constitutions protectors will come away with more than plea to stop insulting witches.

  6. I think that as long as we have people in this country who have enough money to purchase public opinion, the circus will go on. The Supreme Court will rule on the Law. Yeah there might be a liberal or conservative slant to their reasoning but it still ends up within the framework of the Law.
    People need to think about the intent of the Second Amendment. Our Founding Fathers wrote that into the Constitution because they came to the Colonies to escape tyranny from how l their governments. They understood how high power can corrupt a nations leaders. They wanted us as a Nation to have a remedy written into the law of our land. They wanted us to have the means to Revolt. Not to play with our guns, but to be able to change the way politicians govern, by force if necessary. Now we are faced with all out attacks on the Constitution and our Liberties by billionaires funding special interest groups who play fast and loose with everything but fact and truth to erode the ability of the people to maintain the sanctity of the law that enables The United States of America to exist. These attacks must be defeated. The Bastards that bring them should be publicly shamed and hopefully those who read the news of the efforts of the low lifes and the efforts of our Constitutions protectors will come away with more than plea to stop insulting witches.

  7. A small victory, yet huge for California. All in all though the liberals at some point must realize that no matter what ridiculous laws they pass we will NEVER conceed to their efforts . The US Constitution will always stand as the beacon of freedom and liberty granted to all Americans and will never be subverted by any group of idealoges. We will never bend or weaken, So pass your laws and and be comfortable in your twisted belief that you are oh so correct, because we are not listening.

    1. While I totally agree with you regarding which was the bigger victory, I also take exception.

      The fact that we have a Constitution makes little difference to the opposition. I feel certain, from my contacts in Australia and the UK, that they believed the same thing before they lost their right to own firearms. England had their right all the way back to 1216 and the Magna Charta. While it did not mention firearms, it did cover the right to defend oneself and ones property. In Australia, the tactics used were one step at a time; black rifles, rifles, handguns, then shotguns; which is the same as is being used here… and not just for firearms. The progressives use the same methodology for animal rights, environmental protection, etc. Just as EPA controls even your use of your yard.

      Just as they use baby steps to slowly increase the level of infringement in California. Yes we lucked out regarding ammo. Brown has declined to sign a couple of things into law because the Supreme Court would have chewed him a new one.

      Right now we face a serious problem with the “micro-stamping” law which technically blocks the sale of any handgun in California… even ones previously OK. This may be their un-doing. They have blocked S&W and others from doing business in California. Since the technology does not presently exist, there can be only one purpose in implementation. To circumvent the word and intent of the 2nd Amendment, as well as the word and intent of the rulings handed down by the Supreme Court, and thus deny the citizens of California to private ownership of handguns.

    2. As long as your state has that liberal mindset, so ingrained for so long, you will not vote out the “Bitches of Eastwich”, and your funkball Gov. Cal could be the neatest state in the Union, what with the fine cars, wonderful eateries, and superb weather (discounting earthquakes, wild fires, and mudslides), but the majority of voters pulls that Left lever which eliminates common sense in every quarter. My heart goes out to all the neat, talented people who call that septic tank home.

  8. As a California resident and gun owner, the recent ruling by Judge Ishii is a victory, but only a partial one, IMHO. I’ve had to wait the 10-day period for every firearm I’ve purchased, though it never really bothered me as its just a matter of life as a gun owner in California. I’m a law abiding and responsible citizen, so nothing ever comes out of the background check and the process does no harm… Really, a lesser evil to me considering other current and potential CA gun laws (and I’m not even sure CalDOJ ever checks the reports…).

    What really needs to be written about is the fact that in California, we averted an even greater 2nd Amendment violation disaster just this past weekend when Senate Bill (SB)-53 was defeated. Had that been passed by the assembly, and signed by the governor, it would have required all gun owners to obtain a permit from CalDOJ to purchase ammunition, required a special permit for those wanting to sell ammo, and basically taken away the rights of citizens to legally purchase ammunition either from their local hardware store on online. I can deal with a 10-day wait period and I can deal with some of the other funny laws like bullet buttons and 10-round magazines — I can’t deal with not being able to get ammo.

    The defeat of SB-53 is the real victory for California gun owners!

    1. Moving from Oklahoma to California in about 2 weeks. Not sure about my sanity-retention-ability at my age. Every story on the ‘net that I hunt down regarding CA & Firearms reads like this one… hmmm, thinking about this particular “Legal Infringement”, the longest I’ve ever waited has been when NICS went down (HIGHLY Suspicious circumstances, that one) during the Tulsa Gun Show a few years ago. Had to wait a few hours… Hope I NEVER have to purchase anything other than accessories & ammo once in CA.

  9. Brothers all, I am certain the Dr. was having a bit of fun, for the reaction; and the sad part is that it IS so bad, that it got to a few. In the big picture, this administration and the liberal dems in congress have such white race loathing, that their grand plan was and is to dilute the vote, so that their ways of thinking will win out. Doing the math, is there hope for anything but civil war? What IDIOT decided we need such huge racial mixes in this country? White liberal guilt. Just like during reconstruction, when black/white racial strife jumped alive in Tenn, fmr Lt. Gen Nathan Bedford Forrest said he would never shoot a black if he had white radicals and carpetbaggers to shoot. white radicals are the Liberal of today. WE HAVE allowed this via our Fear of being called racist, but in the bigger scheme, the truth is that we do not want the obvious strife that comes when such differing viewpoints obtain real voting power. (This WAS the cause of the Civil War, no Lincoln or Yank soldier, when the war was started by Edmund Ruffin in Charleston) ever said give up a single slave. that was only a political move in late 62. WE must be willing to own the label of Racist, because it means “anyone who disagrees with the militant black or hispanic agenda”. But I know of nowhere where these cultures or intellects are running the show that is not a disaster for the common people. When it breaks again in Cali, you guys have to move out as an army to put it down; put them down. we all saw he cops move into pure defensive mode. it was a free for all. there was no law left, and it was time for militia. Cut the crap, and Cali guys are responsible for a lot of this, but outnumbered white people will never work out right. It just can’t. Look around the globe, where do these cherished minorities thrive on their own? No where. it is all chaos and suffering. And don’t tell me La Raza, bloods, crips don’t hate our white ashes. They are racist as hell, just that the Media won’t allow it to be said. You guys have to organize and say it, shout it from the rooftops.

    What short of armed conflict can stop this drift toward total disarmament? especially in a place like Cali where the die is cast. Cant you do something to cut off the taps of funding so these cities will explode and burn??? there must be something that can be done before it is too late. It aint getting any better. train only goes one way. I feel very badly for you guys.

    Now that Heller has established gun ownership as an individual right, we need the SCOTUS to rule on the Infringement clause. The definition of Infringement is VERY strong and not open to a lot of interpretation.

  10. Yeah, well we still have those B***hes here, Barbara Boxer and Diane Feinstein…………..So things will never change. Welcome to the Communist state of California

  11. Smitty… Welfare should be an until needed benefit, like a single mother that lost her job to downsizing, however I have seen the ugly side of it in WA State, as Women trap Navy men into marrying them, then they sit on the couch and spit out kids and never leave the assisted living programs… That being said, I’m sure CA is worse with all of the illegals… Eventually those witches will retire… Then Reid, etc… Keep up the fight… Good link, thanks

    1. My pleasure, Mitch. Glad you liked the link. I hope to get up to Montana one of these days to hunt coyotes. I don’t shoot anything else but coyotes and ground squirrels. Maybe we will cross paths and talk about all the “witches”—most of whom I believe are still in CA, but many of whom might have moved to Colorado, according to my brother-in-law who lives there…. 🙂

    2. Smitty, you have to research the hunting laws in MT… They are downright stupid, geared toward revenue… That being said, I bet hundreds of ranchers would employ you to take care of their problem… Might even be lucrative!!!

    3. Mitch, I’ll keep that in mind. There aren’t many places left in California where there are spaces large enough and far enough away from populated areas to shoot varmints. I have to travel almost 400 miles from the San Francisco Bay Area in order to legally take care of critters that not only are predators of deer, elk and other wildlife, but also a detriment to ranchers who are finding it more and more difficult to make a living due to insane government regulations—both state and federal.

      I’m sorry to hear that Montana seems to have followed California re hunting laws (as has Colorado). Isn’t it incredible that government in general has taken a hard left turn in the past few decades. I think I have some answers, but liberals don’t agree, and frankly, I have given up trying to get past their denial and their ignorance. Besides, they don’t want to listen.

      I’m not too concerned about the 4-legged varmints as much as I am about the 2-legged ones who have joined ISIS from not only Europe, but the U.S. And….when they return from the middle east to continue their terrorism on our soil, God help us.

    4. Smitty,

      I’m probably in the same boat… The eastern side of MT is wide open, I assume but don’t know if the varmint control is different there… I can fire anything under a .50 here at ranges and at friends houses in the country, but if I took out an elk, I’m screwed… Until about a year ago, you couldn’t even take an elk or deer you hit on the HWY for feeding your dogs… Of course, the rule wouldn’t apply if Coyotes were attacking livestock here, as long as it can be explained…

  12. Mitch, I envy you. California went left after Reagan gave up his governorship to go to the White House, leaving it wide open for leftists to encourage welfare recipients to come to California. As a result, the scales tipped in favor of politicians who made promises to welfare recipients, encouraging people who wanted to live off the wages of others to move here from other states that were more fiscally responsible. Those are the people who have bought the Sacramento politicians, and the minority of taxpaying people like me must remain to pay the higher taxes to fund the whole scheme.

    A real leader in Sacramento (or the White House, for that matter) would be strong enough to say “no” to demands from those who want to virtually redistribute income, whether it be the welfare crowd, the pro-illegal group such as La Raza, or government unions, but they know that showing any type of leadership would cost votes, even though it might help to ensure our liberty.

    I ran across this article this morning, and although it doesn’t get into gun control, it describes my thoughts quite well:

    http://www.americanthinker.com/2014/09/redistribution_and_the_lesson_the_left_refuses_to_learn.html

  13. I live in Northern Cal, State of Jefferson. Gov., Brown and the edits of the, ” Progressive Communist Donkey Party of California,” don’t care about the state or federal Constitutions, unless they are in favor of their cause. They don’t care what any judge rules, unless it is in their favor! They are all of the same mental sickness, “Me, Myself & I.” What will give me fame and fortune? That is how they see their roll in governments. Power to them and none else. They are smarter than any other humans, therefore they and only they know best!
    I have yet to here, see or read of one who lives common sense. They live political correctness which has killed common sense.
    All of them should be placed, for life, in Pelican Bay State Prison. Except some need to be removed from life form and returned to carbon, for they are a danger to the planet and its continued life!

  14. Smitty… Here in Montana, we’re under leftists too, but nothing like CA… You all need a badge of courage or something just to put up with those witches… Everybody here, and I mean everybody, has guns, and that’s about the only difference…. Thankfully, the liberal seat that has been held for over 100 years is going down when Congressman Steve Daines wins the Senate, but that’s just a start… My district is all left, and all F rated by the NAGR… What are your witches doing to get people to like them??? I don’t get it

  15. Do you remember the sports broadcaster who got fired for saying ‘California, the land of Fruits and Nuts’!? Like 30 years ago….it is only worse now!

    1. Welker, I would definitely suggest that you reserve such comments for the LIBERALS in California. There are still those of us who live here and who are forced support the vast welfare network in California. If you want to pin the label “freak” on someone or some group, pin it on them, not on people like me who don’t appreciate being included in generalizations such as the one you just posted.

    2. “Dr.” Welker? Anyway, quite an ignorant statement. Do some research before lumping all the folks from Cali in to same boat. There are many pockets in that state of folks who still believe in the right to own and carry firearms. It’s the idiots in places like LA and San Fran, etc that mess it up for the rest of them. It was not that many years ago the Cali was a fairly conservative state overall, now is being over run with the illegals and morally bankrupt crowd.
      That said, there are still many good folks there in the Central Valley and northern region, and other areas mostly rural.

  16. You’re right, but today’s politician doesn’t get filthy rich by caring what the Constitution says… The document does not exist on the hill, unless mentioned by Ron Paul types or by Liberals and Conservatives that want you to think they care about it…

    I have sent emails to my Senators about gun rights, and both say they support the 2nd, but have consistently voted against it…

    1. Mitch, I agree…and there’s the rub: Why waste time sending messages to far-left liberal politicians in California who won’t listen to you anyway. They were elected by the majority of voters who are liberal and couldn’t care less about losing the votes of the minority (gun owners). It’s been this way for so long that the Barbara Boxers, Nancy Pelosis and Diane Feinsteins rarely will listen to a perfectly reasonable viewpoint unless it benefits them politically. Even so, I still bombard these sloth-like public servants with views I consider realistic and reasonable.

      The Constitution takes a second seat behind political expediency. That’s the path our Republican form of government has taken, and once a politician gets into office they may well turn 180 degrees on any or all of what they stood for during their election. I live in a far-left liberal district that continually elects liberals whose beliefs are counter to those beliefs that were instilled by my parents before the so-called cultural revolution of the 1960s. I am not any type of religious zealot and I am not in agreement with the anti-abortion stance that seems to be one of the “conservative” mantras. Yet, I consider myself a conservative and believe that our government has become far too large, bloated and bureaucratic. Liberals are quite happy with this arrangement; I’m not.

  17. Good, but it will never happen… Who in Congress, much less the figure head in charge, will vote for their own demise??? Vote for honesty??? And God Forbid, vote to do the job they are elected to do???

    1. This is why we need to get back to basics… the Constitution.

      Back to the checks and balances the Founders built into the system. The identified the limits of the powers of each branch of government. Each, today, has extended it’s powers to cross over.

      No president was ever meant to have the power to create law by edict. The SCOTUS was only supposed to determine whether a new law written and passed by Congress was constitutional. If it wasn’t, they ruled as such, and then sent the law back to Congress to fix if they could. SCOTUS was never supposed to set limits on weapons. They should only have said, ‘hands off the weapons issue until an amendment has been passed by the whole of the people, not the reps of the people.’

      I’m a conservative on most things, but not all. But, where the Constitution is concerned, there is no fudge factor. Either we have the laws as the Founders intended, and they made it clear their intent, or we don’t.

      We need Constitutionalists in politics. Not people who claim to be constitutional scholars who speak against the Constitution, and act against the Constitution. People like Obama. Or Ginsberg who told people in the middle east that they should not use our Constitution to draft their own because ours is so flawed. She should have been impeached on that statement alone.

  18. As far as I am personally concerned, California can slip off into the Pacific.

    However it is so great to see all of these unconstitutional laws get smacked down all over the USA.

    The part I’m most troubled by is how do all of these unconstitutional laws get passed in the first place. And then look what it takes to make them go away. insanely expensive legal fights and such. Thank God for orgs like the SAF and NRA. It is however shameful that the process is so costly, lengthy and daunting. It shows you how f$ucked up this system is, that these kinds of laws that run against the basic freedoms of our country can be passed based on how many liberal losers live in one geographic area.

    Here is my solution. If a legislator passes a law which is found to be unconstitutional, they are immediately stripped of office and jailed for treason against the country. Radical I know but you’d see just how fast this crap stops happening.

    1. Agree, Marc! But, perhaps a little less drastic, a federal law that removes any public employee at any level who has voted for or signs a law later deemed unconstitutional, bars them from future public employment, and prohibits any federal benefits otherwise earned, including retirement or severance pay, from such employees. A screeching halt would occur!

  19. I am a proud gun owner and CCL holder. So I applaud the judges decision.

    But I also wanna say this…when a judge rules against (insert cause), they are “legislating from the bench”, and according to many people, should be “reigned in” or “thrown out”. But when they rule FOR the cause, they are simply expressing “common sense”.

    Also, note that this judge lives in California (of course), and was a CLINTON appointee. Now which gun proponents/organizations would have given that judge or ANY Clinton nominee or Bill Clinton himself ANY credence, before this ruling?

    Anyway, yes, we do have real problems with legislation and such, but I just think the hypocrisy is tough to take sometimes.

  20. California has weird carry laws. If a rural sheriff of a small municipality believes in the Second Amendment, they authorize a concealed handgun permit (may issue, not shall issue law). The permit holder can then “legally” exercise his God-given right to carry for self-protection ANYWHERE IN CALIFORNIA (including Hollywood Boulevard or Fisherman’s Wharf)!

    However, progressive-controlled counties and municipalities essentially deny that same right for their residents to carry anywhere in the state since permits are denied almost all applicants for lack of a politically-determined “adequate need” to be armed.

    How about that for dysfunctional government? Your Constitution’s recognized right to keep and bear arms depends on where your legal residence is located!

    If you value your right to be prepared to defend yourself and your family do not move to California. Wait for the California bankruptcy sale, and until after the NRA buys it!

  21. Please stop calling them “progressive” & call them what they truly are—-Communists. Woodrow Wilson called himself a progressive. A few years back Hillary Clinton was asked by a reporter if she was a communist and she replied that she would rather be called a progressive. Sure she & thousands of other commies would like to hide what they really are. They think that they’re smart enough to make communism work when nobody else could. They have never asked themselves why communist nations build walls & fences to keep their citizens from leaving or why they shot their citizens for trying to leave.

    In 1949 the president of the Communist Party of the USA announced that he had come to the conclusion that they would never be able to elect a president on the CPUSA ticket and they would have to infiltrate one of the two major political parties and that party was the democratic party. They ought to change their party name to Commucrat party.

    I will gladly kick in on a one way plane ticket to any communist nation for Hillary & Bambam they want to go to.

    Thankfully we don’t have a waiting period in Texas. Just pick out your gun, fill out the 4473, wait 5 minutes for the dealer to run the background check, plunk down your cash, check or plastic & walk out with your gun. If you have a CHL there is no bg check.

    1. Refer to the University of Hawaii, Domocisixe Web page.
      From 1900-1999 conservative estimates indicate More Than 260 Million unarmed and government disarmed citizens have been Slaughtered by their own governments. Example : Hitler murdered approximately 26 million. China murdered over 90 million. USSR murdered over 60 million.
      How many will our government murder.

  22. If you were at Pearl Harbor when the Japs bombed, Like I was, you will know why I will never be without a major weapon again. My dad was stationed at the Sub Base there. I was 12 years old. After I got over being I got mad as hell, the planes came in so low over family housing you could see their eye balls.They were strafing all the way. And I did not have a gun. If you think it won’t happen again, then take a look over your Shoulder and watch Hala Hussen the snake Obama and his Islamic Jahadist Borthers coming after you and your family. Thought fully yours, Joe Gallagher
    This is what the 2nd amendment is all about. I too am like Hank. I am a Constitutional Conservative, liveing in a liberal cesspool of lies.

  23. DaveW, I know what you are saying. We have the same thing here in Illinois. Family has been here on the farm since late 1800’s. Keep up the good fight, and don’t let the bastards get you down!

  24. I am a 4th Generation Californian. I live in rural California. Ranching country. Logging country. Agriculture country. Commercial fishing country.
    My family settled here before the Gold Rush.

    We did NOT allow the progressives to take over the state. It has been a progressive (pun intended) movement. A great many people moved here because it paid one of the highest welfare rates in the nation. They came here for the high paying jobs, and for the free higher education we used to have. High taxes forces many conservatives and businesses to leave (or close). The environmentalists killed the logging industry, and many of those people moved to states where logging still lived. And so it went. Cities like San Francisco became bastions of progressive thought during the 1960s, and they created social programs which attracted more progressives. In the end, they controlled great voter blocks.

    No, it wasn’t choice. We have continued to fight it. Many of us are tied to this land the same way some Midwest farmers have been tied to theirs for generations. Some think we should just walk away. I can no more do that than I can turn my back on my country even in the mess it is in today. My father resides on the last of the original land grant, and that will fall to me with his passing. It is the history of my family.

    1. So you settled in CA because of a progressive program and a government handout (the land grant)–basically the same reason those other people you despise moved to CA in later generations. Amazing that you don’t see the connection.

      Losing an election does not equal tyranny. Progressives were voted in, just the way conservatives have been voted in in many other states. The rest of us look to CA for a rare bit of humanity and sanity in governance, rather than the corporatism and 1% rule found in other states.

    2. Uhhhh. I didn’t settle here because of a hand out. I was born here, as were my parents and grandparents… and my children.

      That land grant wasn’t issued by the United States, it was issued by Spain.

      My great grandparents and their parents started with nothing but a piece of paper and through their own labors, they built this area. That’s a far cry from people coming here because the state paid more welfare money than other states.

      You are correct that losing an election does not equal tyranny. A government which ignores the rule of law, and circumvents the Constitution, ignores the will of the people, openly lies to the people in order to get their support for issues contrary to their best interests, fails to protect the nation from invasion, gives passes to criminals who violate our laws and sovereignty, supports our enemies, violates the individual rights of the people, and far more, IS tyranny. It has been committed by this president, this congress, this supreme court, as well as under other presidents.

      If you do not see and understand this, then it is YOU who has a problem, for you will surely surrender your rights willingly to a government which does not guarantee your rights, but erodes them in the name of false gods.

      Humanity is one thing. Tyranny and treason are totally different. Diverting resources meant to help American citizens, to support people who break the laws of our nation with legal services, education is not humanity. Not shooting them as they attempt to cross the border is humanity. Not starving them while they await being shipped home is humanity.

      Our country sends tens of millions of dollars to other nations for humanitarian aid. We do not need to give them more. Rewarding bad behavior does not solve the problems within their own countries, it only induces more of them to violate our country.

      Humanity is not punishing Americans who have done no wrong, without due process, by denying them their rights under the Constitution, or circumventing the word and intent of the same as California does.

      If you do not learn the differences very quickly, you will find yourself in the same boat the people of many other countries have found themselves. With no rights; not even the right to live without government approval. If you think it can not happen here, then you are thinking the way the people of many other countries did before they were taken over.

      I don’t know how old you are. I’m 66, and I remember when California was the envy of both the nation and around the world. When our road system was exemplary. When college was essentially free to state residents. When jobs were plentiful. When people lived the “good life”. Unfortunately, the state provided too much, and people flocked here. In order to support the good life for them, taxes were increased until people who had been here for generations were losing their homes because the taxes were far greater than their mortgage payments. Businesses closed because of over regulation and high taxes. The utopia was smoke and mirrors. Robbing Peter to pay Paul.

      Many of us worked hard to build this state and the dream, only to see it burned up by what you call humanity.

    3. I had to laugh when I read the comment, “The rest of us look to CA for a rare bit of humanity and sanity in governance….”. If you’re looking at my state for sanity and humanity, you’re going to be looking for a long time. California is the most mismanaged state in the union. It has the 8th largest economy in the world, but the state is teetering on the brink of bankruptcy. Public k-12 schools consistently rank in the lowest 10% in the nation. Electricity costs are the among the highest in the country, at more than double the national average. Roads are is serious disrepair across the state, and we are in a drought situation at least half the time. All the while, the State government spends money planning a high speed bullet train between northern and southern CA that we can’t afford, while nothing is being done to address a water storage system that has been inadequate for the past 30 years. The leading proponent for gun control in the state legislature, Leland Ye, has actually introduced bills that would have caused statewide confiscation of black rifles…. but he was ARRESTED late last year for, get this, GUN TRAFFICKING as well as many other federal offenses that could earn ho more than 100 years in prison. I could go on and on (and on) about how poorly the state is run, but you get the idea. So much for sanity in government. As for humanity, you have clearly never had to deal with the California Franchise Tax board (which makes the IRS seem like a bunch of softies), the Board of Equalization, or any number of other state government agencies. California, thanks to Cal-OHSA and California’s out-of-control environmental restrictions is probably the most expensive place in the country to start and operate a small business (I know this for a fact, I’ve started two). Almost all of the stimulus money that was funneled to CA after the mortgage meltdown was used to pay state employees so they wouldn’t have to be laid off… none went to the public works programs that were supposed to help Californians – none. And, this was despite the fact that California’s private sector took a very hard hit, with higher and more stubborn job losses that the national average, and that the infrastructure here is in terrible shape. So much for the humanity of California government. Look, California has its positives… no doubt about it. But government isn’t one of them. “The rest of us…” that you refer to generally understand a good bit of this. Honestly, I have never heard anyone give California high marks for either sanity or humanity in government..

  25. Our biggest problem is that the progressives hold a super majority in the state legislature, and the Executive branch. What they want, they get. The conservatives are so outnumbered that they get nothing unless the progressives see a way to profit from it. This is essentially, taxation without representation. We have representatives, but they can’t get anything done for their constituents.

    Sen Feinstein has nothing directly to do with California laws, although she likely has influence with her progressives friends and constituents.

    There are about three main people in the legislature who write anti-gun bills, and in at least one case, it appears that is all he does. That is de Leon. Another is Ye (the one busted for gun trafficking). And another one is “Carmona” or something like that.

    1. Lived in NJ all my life till I moved to free America a year ago but remember the first assault weapon ban in my home state in 1992, the same year Feinstein said ‘If it was up to me I’d have Troops going door to door disarming Americans’. Never forget, this is Always their end game, and they will do it a little at a time until their is no firearm ownership in the U. S. There is never any ‘common sense’ to it…forget a ten day waiting period, since I turned 21 in the 70’s you must apply for each and every handgun permit, which can take months to get back, and then it is good for 90 days to purchase!

    2. I moved out of NJ, where I was born & raised, in 1983 JUST BECAUSE OF THE DRACONIAN GUN LAWS & I haven’t looked back since. I’ve had a PA CCW for 30 yrs now & my taxes are much lower as a side benefit.

    3. Good for you! Hunted there for years and belonged to shooting clubs there and went to many Forks of the Delaware gun shows, moved to Maine, open carry, CCW, free America at last!

  26. Thank God I do not live in California. In SC, there is no waiting period for ANYONE, other than the 5 minutes or so for the background check to be completed. Doesn’t matter how many firearms you have or whether you have a CWP.

  27. I unfortunately live in the republic of Kalifornia. The 10 day waiting period is unnecessary if you already own a gun. I am glad that a judge sees this. I will take any small victory we can get out here in this tree hugging liberal state. My biggest pet peeve is the 30 day wait time to purchase another hand gun after you buy one. You can buy all of the rifles and shotguns you want, but can’t purchase a firearm for 30 days after you purchase one… This law makes zero sense. I moved here 7 years ago because my daughter lives here, once she is 18 I am out of this screwed up state. Can’t wait to live in a state that doesn’t infringe upon my 2a rights!

  28. The people of the state of CA have let the communist take over their state. I “lived” there from 1964 – 1975 and have only been back a few time to visit family and have no desire to return after my last visit several years ago. I purchased my first hand gun in a sporting goods store in northern CA when I was 15, after attending a party where I was held at knife point by a school bully. I decided at that point I was not going to a knife fight or any other for that matter with out my Berretta. From that day on I carried it until I finished high school and never had any problems with anyone again while in school.
    There wasn’t a waiting period, I didn’t need permission form my parents, and best of all I didn’t have to fill out any ATF form to get permission from the government. I put $35.00 on the counter and walked out the door a free man with a chance to defend myself against anyone that wish to do me great bodily harm.
    I was luck that the party goers were able to discourage the attacker and I was able to secure a defense for myself. I now carry everyday every waking hour and praise the efforts of those that have passed legislation that allows me to do so legally.
    No one should have to wait of ask permission from the government for the god give right of self defense!!!!
    It better to be judged by 12 than carried by 6.

    1. I WAS 16 IN 1964. YOU COULD NOT BUY A HAND GUN UNLESS YOU WHERE 18. I KNOW THIS FOR A FACT. I TRYED TO BUY A RUGER 22 AND I WAS WITH MY DAD AND HE HAD TO BUY IT FOR ME. THEY PUT THE SEIRAL NUMBER IN A BOOK AND MY DADS INFO AND WE WALKED OUT. I JUST CALLED YOUR BUL SHIT.

    2. @John: I don’t think it’s fair to say that we “let” the communists (socialists, really) take over, but I fully understand why you hold that opinion. We recalled Gray Davis (Dem) and installed Arnold Schwarzenegger. The Terminator is actually a good honest guy who tried to right the significant financial problems we have, but he ran into a couple of brick walls – the teachers union stopped at nothing to derail him, and the legislature in CA lived up to their reputation as one of the most obstructionist in the Nation. But we do try. Since Ronald Reagan (elected 1967) we’ve had, including Reagan, 4 Republican governors (Reagan, George Deukmejian, Pete Wilson, and Arnold) and three dems (Jerry Brown, Gray Davis, who was recalled, and Jerry Brown again). The politics here are definitely disappointing, though. Between San Francisco, the greater Los Angeles area, a massive agricultural industry, Hollywood (the crazy liberal capital of the world) we are outnumbered.

  29. In Florida, where I live, if you have a CWP you do not have ANY waiting period, you can go into a shop or gun show and buy any gun you want with absolutely no waiting period. It is also irrelevant whether or not you already own a weapon.

  30. Anthony, I could not possibly have said it better myself. I also am a law-abiding California citizen and firearms enthusiast whose 2nd Amendment rights have been unconstitutionally infringed upon, LARGELY due to the continuously and insanely radical acts of barbara boxer and diane frankenstein (I won’t even give those two broads the validation of capitalizing thir names). I pray to God that these two, and all their Leftist radicals will be removed from office, AMEN!. Those of you in the beautiful state of Washington, sorry for the Californication, but I am happy that you can at least enjoy your 2nd Amendment rights a lot more than we can. Power to you!

    1. As I said before Barbara Boxer is a US Senator for CA.

      Neither she nor Feinstein have anything to do with CA’s local gun control laws. Neither woman has had any success in passing federal anti-gun laws. I would look at Governor Moon Beam and his cronies.

      When I lived in CA, I always laughed at the 10 waiting period for the purchase of handguns. I used to buy my handguns at a range. During 10 day waiting period, they would let me shoot them all I wanted, I just couldn’t take it out of the building. I had a CCW in CA and it was a license to get harassed by cops.

      Where I live now (must issue state) you don’t even have to undergo a background check if you have a CCW. And, in most places, you can carry concealed without a permit. if you pass the federal background check, you can walk out with anything, except perhaps a Class III firearm.

      The incidence of firearm related crimes is extremely low.

  31. Earl: I think the criteria is the fear people have of what they don’t understand and the influence they have on the powers that be..

  32. I was shocked to see ’48 pages of handguns’ not allowed in California. I sure would like to know the ‘criteria’ used to do this. What would dirty Harry say?

    1. The criteria California uses is primarily (a) inspection to ensure that the firearm in question meets California requirements and (b) safety testing.

      The California requirements are pretty off the wall. For example, California will not allow new handguns to be sold in the state that don’t have a magazine disconnect – which means that if the magazine is remover, the gun won’t fire even if there’s a round in the chamber. Older models that don’t have this feature (most don’t) were grandfathered in. Newer models are not being allowed. The result is you can get a Gen3 Glock (grandfathered) but you can’t get a Gen 4 – even though, as Glock owner know, they work more or less the same way.

      As for Dirty Harry… be would no doubt say, “Go ahead, Punk……”. I believe, but wouldn’t swear that, LE is exempt and can get off-roster guns.

    2. ITS DIANNE FENSTIEN THAT’S CAUSING ALL THIS CRAP IN CA. SHE IS ONE SICK BITCH. THERE SHOULD BE TERM LIMITS.THIS BITCH HAS BEEN A SENATOR HERE FOR 20+ YEARS . ALL SHE DOES IS WINE ABOUT TAKING AWAY EVERY ONES GUN RIGHTS. I HOPE SHE HAS A STROKE.

    3. Dianne Feinstein is the US Senator for California. She doesn’t legislate at a local level.

      Feinstein hasn’t been successful in getting any gun control legislate in the US Senator for quite some time–despite tries after Aurora and Sandy Hook.

    4. She is definitely a problem. I don’t know how much she is responsible for CA’s issues today, as she has been in Washington for many years at this point. But she’s is bad news at the Federal level – not only for gun rights, but she also supports some really poor financial policies including secrecy and no audits of the Federal Reserve. No surprise there, she is married to a banker. Between her and Boxer, California’s 38 million people have some pretty poor representation in the US Senate.

    5. How dumb are you? Feinstein doesn’t make state law–that is done by your STATE representatives, not the ones you send to DC.

      If you can’t even be bothered to learn the basic workings of your government you have no right to complain about the results. Sheesh.

    6. Hey, there, Timothyj, if you don’t think that the likes of Feinstein, Boxer, and don’t forget the ugliest Congressslut in D.C. have an osmosis effect on the state, you are the one with the wool pulled over your eyes. It’s as though all state and fed employees are connected at the sphincter muscle. What Dianne proposes in D.C., and for the most part usually fails, becomes law in your state down the road. Golly, how did your state kooks ever come up with such ORIGINAL ideas?

  33. As a Californian and frustrated gun owner/Second Amendment supporter, it’s always good news when the white hats score one. But this strikes me as an awfully small victory. The 10 day waiting period was/is an annoyance…. but that is all. So what if I have to make an extra trip to the dealer to pick up the firearm? I think we were just thrown a crumb.

    In California, the waiting period is literally insignificant compared to other gun law issues. Californians endure complete registration; 10 round magazine limits on everything; are only allowed to have fixed magazines on our AR-style firearms (we have to use something called a “bullet button” – a real PITA substitute for the normal mag release button); a Department of Justice roster of firearms that we are allowed to purchase from a dealer (that’s my personal favorite); and other rules that seem like clear infringements.

    In California we can’t do what those in other states can do. Find a great online deal on an AR? You can’t have it, because it is most likely not California compliant. Same story trying to get stuff off of Gunbroker. Maybe you can have the seller take it to a gunsmith to have it made compliant. There goes the savings. Manufacturers have to pay money to get their guns listed on the roster, and many simply refuse, or their products end up not being approved. We can’t get a Gen 4 Glock here, or any semi auto that will fire a round when the magazine is removed (except for older, grandfathered-in models). Can’t buy a Ruger LCP. I could go on and on, but you get the idea.

    Well, actually, we CAN get a Gen 4 Glock or an LCP in California. You have to have it converted to a single shot gun. It costs a lot to do this, and only a few dealers with Class 7 FFLs will do it. They don’t want the potential hassle with the California Dept of Justice, who has shut down dealers for not having their paperwork in order. It is legal(!!!) for the owner to convert the single-shot gun back to normal, as-designed operation after taking delivery. All California wanted to do was create a hurdle. And they succeeded.

    California Senator Feinstein (a real piece of work, imho) recently won re-election by a record margin. Yes, the liberals do outnumber us. But Feinstein (and the equally disastrous Barbara Boxer) dominate elections because the Republican party has given up and doesn’t spend money on elections in CA. That’s nuts. This is the State that elected Governors Ronald Reagan, George Deukmejian, Pete Wilson and Arnold Schwarzenegger. This is the State that has 38M people, which is 12% of the Country, and has 55 electoral votes (10.2%).

    Many people like to hate on CA… well, ok, if that floats your boat. Just try to remember that there are 15 million of us here that are not liberal nut cases. That’s probably more that the total population of your state.

    And yes, moving out IS an option – but it’s a bad option. With 12% of the population of the Country living in CA, and a contribution of over 13% of the Nation’s GDP, what we really need to do is not to *move* out, but get this mess *straightened* out. Keep in mind that if 38M people fall subject to draconian laws…. you might be next. I am sure some will say to this, “from my cold dead hands”. Well, ok. But really…. get real – we don’t want it to come to that. The point of 2A is to serve as a deterrent. It is not much different that the Nation’s nuclear deterrent was during the cold war. It’s there, it needs to be there, it keeps the other side honest….but it’s the **absolute** last thing that anyone wants is to use.

    Thanks for your support! You have the support of many millions of us out here in California. All Americans are in this together.

    1. A number of good points Anthony and yes, all Americans should stand up together against these unjust laws.

      I agree moving out is not the answer (although I also can’t blame anyone who does). If all of the level headed citizens who support the constitution moved out, who would be left to right the ship?

    2. Don’t forget, our governor just signed away the single-shot exception (to be gone in January), and what I think is the worst violation of the constitution of all is still in place: the microstamping requirement. That requirement is essentially a ban since no one will ever get a gun on roster with it.

    3. @Greg T – thanks for bringing those points up. The roster crap is totally out of control. As I mentioned, that’s my “favorite” of the CA infringements, which is saying a lot considering the total level of unbelievable gun control laws here.

    4. I cannot believe I actually competed in IPSC/USPSC matches when I lived in CA.

      I live in the Intermountain West and we take a very dim view of people moving here–particularly CA, NY, TX. Very few last very long. Most of them are gone by December of the first winter. The rest leave the first time temps dip below -20…

  34. As a California resident and as I understand it the judges ruling is that if you’ve already been cleared by the DOJ in previous firearms purchases you shouldn’t have to serve another waiting period, but I’ll believe it when I see it. I’ll be buying another firearm soon and we’ll see how that works out?

    1. That’s what it means. I agree that we’ll believe it when we see it. However, my county (Shasta) has a very good chance of seeing it because our Sheriff is pro-CCW and has already sent a letter to DOJ saying he will support the Constitution and ignore laws he considers UN-Constitutional.
      Tehama County, right next door will probably continue to delay people having access to weapons as long as possible because their Sheriff is not gun friendly.

      I realize that this is a state rule, but the judge left open the possibility of people being delayed if the authorities find a reason to delay them.

      That’s one of the problems in California. Each county Sheriff get’s to decide whether that county will be for the people or for the state. Those counties encompassing metropolitan areas like LA, SF, etc, are anti-gun and most likely to stall individuals from ready access to new purchases. The major metro areas is where we get these stupid laws. Every new law they have passed has been intended to circumvent the word and intent of the 2nd Amendment, and the rulings of SCOTUS.

      We will have to wait for 6 months before we’ll know whether California’s Marxists can justify the wait, but I don’t think this judge is going to change his position.

      Of course, it won’t help me in the near term. I have 4 guns on order now. I still can’t purchase more than one handgun per month, which is another stupid law in California. If I already have legal handguns, why can’t I buy more than one if I come across an excellent deal?

    2. The answer to your question regarding the number of weapons you can purchase at any one time is the asswipes in charge just DO NOT TRUST YOU, and any delay is considered a partial victory for the toilet tissue squad. Any delay means you don’t have possession of that weapon, and some people MAY tire of playing musical-chairs with the dumbnuts, and just say to Hell with it. Another victory for the wipers. It is crystal clear that our various Governmental bodies don’t trust the populace to possess privately-owned firearms, and that is a dangerous condition.

  35. Despite a near epidemic level of Californication here in Washington state, the Peoples Republic of Kalifornia doesn’t seem to have bled over to the Evergreen state …..yet.

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