CA: Waiting period violates 2A for gun owners

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ELB
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CA: Waiting period violates 2A for gun owners

#1

Post by 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.
Last edited by ELB on Mon Aug 25, 2014 3:47 pm, edited 1 time in total.
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Rrash
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Re: CA: Waiting period violates 2A for gun owners

#2

Post by Rrash »

ELB wrote:Cali loves to burn money they don't have on anti-gun efforts.
well said.

ryanj

Re: CA: Waiting period violates 2A for gun owners

#3

Post by 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California's gun control laws are pretty well established, and in many cases outdated.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.
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Re: CA: Waiting period violates 2A for gun owners

#4

Post by 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.
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