California Court Rules That 10 Day Waiting Period On Purchased Firearms Is Unconstitutional
I’ll wait while you pick yourself up off the ground, since you’ve obviously fainted after reading that headline…
Now that you’re back, it’s true and it’s a wonderful step in the right direction.
The folks responsible for challenging the law are two California gun owners, Jeffrey Silvester and Brandon Combs, as well as The Calguns Foundation and Second Amendment Foundation.
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.
Eastern District of California Judge Anthony W. Ishii said Monday that the current waiting period of 10 days is a violation of 2nd Amendment Rights. Judge Ishii’s ruling goes on to say that the waiting period should not apply to current gun owners who have already gone through the required background check, people who have valid carry permits, or people who have a state certificate of eligibility to own a firearm. Anyone who is looking to purchase their first firearm will still need to adhere to the waiting period.
This is far from over, but the court has given the state 180 days to change it’s policies to eliminate the 10 day waiting period.
The court’s decision can be read and downloaded in it’s entirety here.