Another WIN for the Second Amendment Foundation(SAF)

[Coded-Dude]

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.

http://www.firearmspolicy.org/2014/...n-waiting-period-laws-ruled-unconstitutional/

These guy are making good legal precedent for gunowners across the country. They have won major battles in CA, IL, and D.C.(state, federal, and scotus).

 

[tRidiot]

Fan-freaking-tabulous.

 

[turkeyrun]

AWESOME SAUCE

Glad my money is doing some good.

 

[easy]

Still has a 180 day stay until it goes into effect. So stand by.

 

[tRidiot]

Oh you know it'll be appealed and challenged, they may even get an injunction until it can be handled by a higher court (or rejected for review). But it's still a great win.

 

[CHenry]

Winning!

 

[Coded-Dude]

This like all other SAF cases are usually very narrowly focosued. They chip away at the absurd stuff to get to the goods. As such this only applies to current gunowners, if you are a new firearm purchaser you will still have to wait for the 10 day cooldown period before you can pickup your product.

They will certainly appeal, but I can't see any judge honeslty claiming that someone who already owns a half dozen firearms needs to wait 10 days before they buy their seventh. IF they wanted to go out and kill someone with a gun, they have plenty others to do the job(no need for a 10 day cooldown).

 

[AllOut]

This like all other SAF cases are usually very narrowly focosued. They chip away at the absurd stuff to get to the goods. As such this only applies to current gunowners, if you are a new firearm purchaser you will still have to wait for the 10 day cooldown period before you can pickup your product.

They will certainly appeal, but I can't see any judge honeslty claiming that someone who already owns a half dozen firearms needs to wait 10 days before they buy their seventh. IF they wanted to go out and kill someone with a gun, they have plenty others to do the job(no need for a 10 day cooldown).

Iirc....
When I was in CA a few months ago the gun shop owner told me you could only buy 1 firearm a month there.
Plus it had a 10 day wait.

 

[Coded-Dude]

Iirc....
When I was in CA a few months ago the gun shop owner told me you could only buy 1 firearm a month there.
Plus it had a 10 day wait.

That is correct, the law is one handgun every 30 days and that goes into affect once the dros paperwork is submitted. The law doesn't apply to long guns(IIRC).

 

[n2sooners]

If it stands you then have a court ruling that says waiting periods burden second amendment rights. And if it burdens the rights of those who already have a gun, how does it not burden the rights of those who don't yet have one? Might even be able to make it apply to anything that makes you wait like monthly limits.