The Corner

California’s Firearms Waiting Period Deemed Unconstitutional

A big Second Amendment victory in California. Per the Calguns Foundation:

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.”

The practical upshot:

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.

. . .

“This victory provides a strong foundation from which other irrational and unconstitutional gun control laws will be challenged,” concluded Combs. “We look forward to doing just that.”

Recently, the Ninth Circuit struck down the state’s carry restrictions, effectively turning California into a shall-issue state.

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