CA: Waiting period violates 2A for gun owners

[ELB]

California 10-day waiting period to buy gun violates the Second Amendment, as to people who are known to the state to already own guns

Direct link to decision: Silvester v. Harris (E.D. Cal. Aug. 22, 2014)

This is at the Federal District Court level, I am sure California will appeal it to 9th Circuit; Cali loves to burn money they don't have on anti-gun efforts.

Edited to add what seems to be the key point in the decision:
After considering the evidence and the arguments, the Court concludes that Penal Code § 26815(a) and § 27540(a)‟s 10-day waiting periods impermissibly violate the Second Amendment as applied to those persons who already lawfully possess a firearm as confirmed by the AFS [Automated Firearms System], to those who possess a valid CCW license, and to those who possess both a valid COE [Certificate of Eligibility] and a firearm as confirmed by the AFS system, if the background check on these individuals is completed and approved prior to the expiration of 10 days.

[Rrash]

Cali loves to burn money they don't have on anti-gun efforts.

well said.

[ryanj]

California's gun control laws are pretty well established, and in many cases outdated. That is a pretty good thing because they get struck down so easily.

I like that they are citing the Peruta decision more and more. I hope this means that there's less chance of it being overturned by an en banc panel.

[ELB]

Ninth Circuit Grants Priority Status in Silvester 10-Day Waiting Period Case

The Federal District Court judge gave California 180 days to come up with a new arrangement when it struck down the 10-day waiting period law. This was in 2014.

The State went to the 9th Circuit and got a stay of the District Court Judge's order until the 9th could hear their appeal -- but here it is 2016 and the appeal still hasn't been heard, and the stay is still in place.

This new order says, I guess, that the 9th will try to get things moving a little faster.