California Gun Waiting Period Laws Ruled Unconstitutional

Posted on by

Second AmendmentFrom the CalGunsFoundation.org:

Federal court decides 10-day waiting period laws violate Second Amendment rights

ROSEVILLE, CA, and BELLEVUE, WA / 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.

“We are happy that Second Amendment rights are being acknowledged and protected by our courts,” said Donald Kilmer, lead attorney for the plaintiffs. “This case is one more example of how our judicial branch brings balance to government in order to insure our liberty. I am elated that we were able to successfully vindicate the rights of our clients.”

One win.  Just one.

And on a federal level, no less.

BZ

 

 Share
If you enjoyed this post, make sure you subscribe to my RSS feed!

6 thoughts on “California Gun Waiting Period Laws Ruled Unconstitutional”

    • Now if we can just get Fornicalia’s arshole assembly to STOP writing more gun laws —

      Because criminals certain abide by them, do they not?

      BZ

  2. Had to look twice to be sure I was reading correctly. California? Amazing! Didn’t think something like this was possible in Ca. Well timed too what with your governor’s open arms invitation to all illegal aliens…

  3. I remember the wide open gun shows in California in 1963-1964.
    Back on leave from Viet-Nam, they were a fun thing to do.
    Good to hear this news.
    A renewed bumper sticker from the current California Governor’s father(Pat) is,,,,
    “If it’s Brown- Flush it”
    This is still valid today for “Jerry”.

    BZ, I sure hope your Sheriff’s Dept has a truly Qualified replacement for you, when you retire.Hope you get a say in it.

    • My administration consists of kids who did pretty much 35 seconds in Patrol. Veterans like myself see the writing on the wall for the department and for copdom in general. Not like we can hang around much longer anyway — I can’t; I’ll be losing money if I stay. And there will NOT be a “replacement” for me at EVOC; that much is quite clear.

      BZ

Comments are closed.