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Federal Judge Rules California s 10-Day Waiting Period Unconstitutional - Matt Vespa
Federal Judge Rules California's 10-Day Waiting Period Unconstitutional
Matt Vespa | Aug 25, 2014
Today, a federal judge ruled that California’s 10-day waiting period is unconstitutional. Gun owners Jeffrey Silvester and Brandon Combs, along with Calguns Foundation and the Second Amendment Fondation, challenged the law, saying that the 10-day waiting period adds additional costs and disruptions preventing them from exercising their constitutional Second Amendment rights (via Calguns Foundation):
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In the decision released this morning, Federal Eastern District of California Senior Judge Anthony W. Ishii, appointed to the bench by President Bill Clinton, found that “the 10-day waiting periods of Penal Code [sections 26815(a) and 27540(a)] violate the Second Amendment” as applied to members of certain classifications, like Silvester and Combs, and “burdens the Second Amendment rights of the Plaintiffs.”
“This is a great win for Second Amendment civil rights and common sense,” said Jeff Silvester, the named individual plaintiff. “I couldn’t be happier with how this case turned out.”
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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.
Additionally, Judge Ishii said that the defendant, California Attorney General Kamala Harris, had to “show that the 10-day waiting period either falls outside the scope of Second Amendment protections as historically understood or fits within one of several categories of longstanding regulations that are presumptively lawful.” The State of California failed in that exercise.
From the ruling, it said [emphasis mine]:
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First, in terms of relevant historical understandings, Defendant has not established that waiting period laws were understood to be outside the protections of the Second Amendment. Defendant has cited no statutes or regulations around 1791or 1868 that imposed waiting periods between the time of purchase and the time of delivery. Nor has Defendant cited historical materials or books that discuss waiting periods or attitudes towards waiting periods between 1791and 1868. There is no evidence to suggest that waiting periods imposed by the government would have been accepted and understood to be permissible under the Second Amendment. Cf.Peruta, 742 F.3d at1153-66.Second, in terms of Heller?s longstanding presumptively lawful regulations, Defendant has not established that the 10-day waiting period is a presumptively lawful longstanding regulatory measure that imposes a condition and qualification on the commercial sale of a firearm.
…
Moreover, Defendant has not established that the waiting period law is sufficiently “longstanding” to be entitled to a presumption of lawfulness. Included in the concept of a “longstanding and presumptively lawful regulation” is that the regulation has long been accepted and is rooted in history.
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Every little bit helps.
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Federal Judge Rules California s 10-Day Waiting Period Unconstitutional - Matt Vespa
Federal Judge Rules California's 10-Day Waiting Period Unconstitutional
Matt Vespa | Aug 25, 2014
Today, a federal judge ruled that California’s 10-day waiting period is unconstitutional. Gun owners Jeffrey Silvester and Brandon Combs, along with Calguns Foundation and the Second Amendment Fondation, challenged the law, saying that the 10-day waiting period adds additional costs and disruptions preventing them from exercising their constitutional Second Amendment rights (via Calguns Foundation):
------------------
In the decision released this morning, Federal Eastern District of California Senior Judge Anthony W. Ishii, appointed to the bench by President Bill Clinton, found that “the 10-day waiting periods of Penal Code [sections 26815(a) and 27540(a)] violate the Second Amendment” as applied to members of certain classifications, like Silvester and Combs, and “burdens the Second Amendment rights of the Plaintiffs.”
“This is a great win for Second Amendment civil rights and common sense,” said Jeff Silvester, the named individual plaintiff. “I couldn’t be happier with how this case turned out.”
------------------
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.
Additionally, Judge Ishii said that the defendant, California Attorney General Kamala Harris, had to “show that the 10-day waiting period either falls outside the scope of Second Amendment protections as historically understood or fits within one of several categories of longstanding regulations that are presumptively lawful.” The State of California failed in that exercise.
From the ruling, it said [emphasis mine]:
******************
First, in terms of relevant historical understandings, Defendant has not established that waiting period laws were understood to be outside the protections of the Second Amendment. Defendant has cited no statutes or regulations around 1791or 1868 that imposed waiting periods between the time of purchase and the time of delivery. Nor has Defendant cited historical materials or books that discuss waiting periods or attitudes towards waiting periods between 1791and 1868. There is no evidence to suggest that waiting periods imposed by the government would have been accepted and understood to be permissible under the Second Amendment. Cf.Peruta, 742 F.3d at1153-66.Second, in terms of Heller?s longstanding presumptively lawful regulations, Defendant has not established that the 10-day waiting period is a presumptively lawful longstanding regulatory measure that imposes a condition and qualification on the commercial sale of a firearm.
…
Moreover, Defendant has not established that the waiting period law is sufficiently “longstanding” to be entitled to a presumption of lawfulness. Included in the concept of a “longstanding and presumptively lawful regulation” is that the regulation has long been accepted and is rooted in history.
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