Court strikes California's 10-day wait for gun owners

[Cylinder]

Federal judge strikes down California gun purchase waiting period in some cases

A federal judge in California has struck down a law that requires a 10-day waiting period for gun purchases, but only for current gun owners who have already passed a background check and those who have a permit or certificate of eligibility to own a gun.

Eastern District of California Judge Anthony W. Ishii said Monday that the waiting period provision violates the Second Amendment rights of those who have already been approved to own a gun. This includes those who have previously undergone a background check and own a gun, people with concealed-carry permits and people who have a state certificate of eligibility to own a gun.

First-time gun buyers would still be subject to the waiting period, which Ishii emphasized in his ruling.

Sylvester, et al v Harris [PDF]

 

[Cain]

Psssht, this should apply to first time owners. Homer Simpson: "Five day waiting period for my gun? But I'm angry now! I'd kill you if I had my gun... How am I supposed to last five days without shooting something?"

 

[marplots]

Now if only they'd do something about the waiting time to get cable installed. That's criminal.

 

[BStrong]

Now if only they'd do something about the waiting time to get cable installed. That's criminal.

I moved into my new digs on November 11, 2013 and Comcast installed that evening - a holiday no less!

The Ca. waiting period has been amended and lengthened/shortened/expanded so many times I can't even keep track, and there's nothing funnier than going through the DROS (Dealer Record of Sale) questions with an FFL that has sold you 50 or more firearms over the years...this is a good decision.

 

[Travis]

It's a good thing people can't go crazy once they buy that first gun. I know I'll sleep safer tonight snuggled between multiple meth dens.

 

[BStrong]

It's a good thing people can't go crazy once they buy that first gun. I know I'll sleep safer tonight snuggled between multiple meth dens.

I've said it before Travis, you need to associate with a better class of people.

FTR the primary focus of the action was that California requires individuals that have Carry permits and certificates of eligibility to go through the ten day waiting period, allegedly because the background check takes that long to process, when in reality it takes one phone call for those individuals. If you've gone through the state "live scan" with fingerprints and the background check any criminal activity past a parking ticket is recorded pretty much instantly, same w/ a 5150 hold or RO.

Whether or not the waiting period will be waved for individuals that have simply gone through a previous BGC remains to be seen, and I'd have no objection to Californians being subject to the NICS

http://www.fbi.gov/about-us/cjis/nics

Instant BGC like most of the country uses and finds adequate, and if it's applied to long guns as well (most states use nics for handguns only, per federal law) I'd have no objection as long as it remains an instant check.

 

[casebro]

The ten day wait was supposedly a 'cooling off period' as Homer mentioned above.

But that makes no sense for that, or for the background check, if the buyer already owns a gun.