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August 25th, 2014, 07:26 PM #1
Federal Judge Rules California's 10-Day Waiting Period Unconstitutional
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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 Foundation, 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.
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August 26th, 2014, 12:52 PM #2
Re: Federal Judge Rules California's 10-Day Waiting Period Unconstitutional
I know precisely where this case is going. With the anti-rights politicians asking DC to throw out their ruling, they will push this further into the circuit court or ask for it to be dismissed.
"They aren't trying to take your guns".
My ass. When they cite confiscation in Australia as a "model", how is that not describing the quotes above? Hurray for Californians. Briefly.
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August 27th, 2014, 01:46 PM #3
Re: Federal Judge Rules California's 10-Day Waiting Period Unconstitutional
Indeed they will, just like concealed carry...
"They aren't trying to take your guns".
My ass. When they cite confiscation in Australia as a "model", how is that not describing the quotes above? Hurray for Californians. Briefly.
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