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Author
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Topic: CA 10 day waiting period
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Leonard
HMFIC
Member # 2
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posted August 27, 2014 05:49 AM
Federal Judge Rules That CA’s 10-day Waiting Period is Unconstitutional
In a ruling published yesterday, August 25th, Federal District Judge Anthony Ishii ruled that California’s 10-day waiting period was unconstitutional when applied to certain individuals who already passed a background check and who also owned a gun that was shown in the state’s firearm system prior to their current purchase. This suit backed by the Calguns Foundation (CGF) and the Second Amendment Foundation (SAF) is the second pivotal case lost this year by the CA Attorney General. But whereas Peruta v. Gore affects gun owners who wish to carry a concealed weapon, this case has positive implications for all gun buyers.
Judge Ishii’s order gives the State 180 days to establish the means to exempt the following persons from the current mandatory 10-day waiting period:
Persons who pass the background check prior to 10 days and who are in lawful possession of an additional firearm as confirmed by the AFS firearm registration database maintained by DOJ.
Persons who pass the background check prior to 10 days and possess a CCW (Concealed Weapon Permit).
Persons who pass the background check prior to 10 days and possess a COE (Certificate of Eligibility) and a firearm confirmed by the AFS system.
For each of these qualification categories Judge Ishii rules that:
“If the BFEC/standard background check for such an individual is completed and approved before 10-days, Defendant ([the DOJ] shall immediately release the firearm for delivery to such individual and shall not wait the full 10-days.”
Through his ruling, Judge Ishii effectively rid CA of the much talked about but unconstitutional “cooling off period” that had been basis for CA’s decades long waiting period. In essence why would a person who already owned a firearm need a timeout before they can pick up a new firearm?
CA Attorney General Kamala Harris had no comment yesterday as the state mulled over the decision to pursue an appeal. If the state decides to appeal the case, the AG can ask for a stay (delay) in the order putting off any changes until the appeal process is complete.
Please like us on Facebook and follow us on Twitter for updates on this huge victory for CA gun owners.
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EL BEE Knows It All and Done It All.
Don't piss me off!
Posts: 31473 | From: Upland, CA | Registered: Jan 2003
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