CA: Waiting period violates 2A for gun owners
Posted: Mon Aug 25, 2014 1:52 pm
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.
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.