California’s 10-day gun registration waiting period found unconstitutional

Looks like a Federal Judge has found a California gun law unconstitutional !!

Has to do with some kind of 10 day waiting period.

The Court says the 10 day waiting period violates the 2nd Amendment and burdens the rights therein.

Another example of how Legislatures pass laws and Governors sign them without regard for the U.S. Constitution. Unless of course they know that ahead of time and do it anyway just to prove a point and break some balloons.

Big Government failure as usual. Klobbered again


California 10-day gun registration waiting period found unconstitutional

Second Amendment activists scored a huge victory last Tuesday when a federal judge struck down California’s 10-day waiting period for gun purchases.

Federal Eastern District of California Senior Judge Anthony W. Ishii ruled in favor of the plaintiffs’ California gun owners Jeffrey Silvester and Brandon Combs, as well as two gun rights groups, The Calguns Foundation and Second Amendment Foundation, Reported the Firearms Policy Coalition

The judge found that “the 10-day waiting periods of Penal Code violated the Second Amendment” as applied to members of certain classifications, like Silvester and Combs, and “burdens the Second Amendment rights of the Plaintiffs.”

a reply to: xuenchen

Wow... 10 freeking days?

I know there were some states that had a 3 day wait back in the 90's but damn, it takes 5 mins or less to run the FBI background check now.

What is the purpose of the waiting period? Make sure the stalker can finish the job before the woman can get adequate defense?

LOL

originally posted by: infolurker
a reply to: xuenchen


What is the purpose of the waiting period? Make sure the stalker can finish the job before the woman can get adequate defense?

LOL

Well my guess is they need that much time to figure anything out. Like it might take at least a week just to open the mail.

California's lax bureaucracy is s-l-o-w and tangled with cobwebs.

Its all about discouraging the public from trying to buy firearms . It is only going to get worse from here.Hopefully this federal judge's ruling will hold. I doubt it.

Yeah 10 days.

I went through it, so.. yeah, 10 days.

Also, we have a limit on magazine capacity.

We cannot buy firearms with magazines more than 10 bullets. If they are designed to host more, they will be modified to host less.

Also, as retarded as it sounds, there are other annoying things. Like for example, I could go walk into a gun shop and buy a HK 45 USP.

However, I will not be able to purchase a HK 45 anywhere in California, unless it is a private party sale.

Apparently, there are certain hand guns are are made recent years that didn't have one of a safety feature or whatever stupid # they came up with at the time, so basically any hand gun failing to meet that criteria, is not allowed to be sold in California. So there are a lot of hand guns that I wanted to buy but wasn't allowed to.

It's a collector's nightmare here in Cali.

Funny thing is, in California, you could still go apply for a permit to own a FULL AUTOMATIC assault rifle. I'm sure the process is so complicated that it makes Police Academy entrance a walk in the park.

Also, a fully automatic assault rifle, like a M4A1, would cost about $15,000+ to a private owner.

Anyway, it's pretty messed up.

a reply to: infolurker

What is the purpose of the waiting period?

It's what they call a "cooling down period". It keeps people from flying off the handle, buying a gun and doing something stupid.

a reply to: DAVID64

Ah, I remembered something on this with Politifact. Here it is:

www.politifact.com...

"There’s no statistical evidence that" a waiting period for handgun purchases "reduces violence whatsoever."

There is research to indicate that handgun waiting periods are linked with lower suicide rates. But we did not find evidence that waiting periods coincide with less violence being committed by one person against another. If such evidence emerges, we may revisit this item.

As it stands, Wanggaard’s statement is accurate but needs clarification -- our definition of Mostly True.

a reply to: DAVID64

Has that strategy been statistically, undeniably proven?

a reply to: NewzNose

I don't think it works all that well. If someone is bent on doing harm, they'll either wait for the sale to go through, or find another method. Baseball bats and kitchen knives have no waiting period.

originally posted by: DAVID64
a reply to: infolurker

What is the purpose of the waiting period?

It's what they call a "cooling down period". It keeps people from flying off the handle, buying a gun and doing something stupid.

If you are that angry I assume a lack of gun isn't stopping anyone. Grabbing a knife, machete, or whatever else is probably not considered a no no to someone who has gotten to that point. But it doesn't matter at the moment as it's no longer anything.

The ruling has not said the 10 day standown is blanket unconstitutional - it has said it is unconstitutional FOR SOME CLASSES OF GUN OWNER:

“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 [Carry Concealed Weapon] 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.

source

I don't have any idea how many people this is or what those terms mean - but the gun lobby press is not quite being totally open about the ruling!!

a reply to: DAVID64

Or vehicles, or kung foo, or flip of the bird...

originally posted by: NewzNose
a reply to: DAVID64

Has that strategy been statistically, undeniably proven?

Of course, if we allow such distractions from the core issue we will become bogged down in whether triggers should be made harder to pull.

We have the right to keep and bear arms, period.

This is good news, every little precedent helps whittle away at the unconstitutional infringements of our 2nd amendment rights.

It figures that "The People's Republic of California" still don't get the part of the 2nd Amendment that say "the right of the people to keep and bear Arms, shall not be infringed." I can't believe people still live in the cesspool of a state.

The initial reason for the waiting period was to keep people with short tempers from buying a gun and shooting someone.

But I think increasing it to 10 days was to just discourage people from getting guns. It's such a hassle, why bother getting a gun!

a reply to: Metallicus

And yet the court did not rule that a 10 day waiting period is inherently unconstitutional.........

Must suck to have as little actual understanding of your own constitution as you - no wonder y'all aer so angry all the time!!

a reply to: xuenchen

What they need is a new law that any legislator, or governor, or even president, or officials who write bills and senators, that propose UNCONSTITUTIONAL things that flagrantly violate a persons rights will be horsewhipped in public while the bill of rights and the constitution are narrated via loudspeaker on national television, and removed from office immediately and all benefits revoked for life. (So they have to get a real job or live off of what they already looted from our treasury).

Then after the first few got some beatings, the rest would stop abusing the people of this country.

a reply to: NoCorruptionAllowed

Because of course that would be constitutional.......cough and cough and cough

Gotta love how free and careless you are with constitutionality when it comes to defending YOUR idea of constitutionality!!

So you have to wait 10 days, what's the big deal???

People just want instant gratification with everything.

They should do a study to see if gun owners who can't wait 10 days for their gun also choose little or no foreplay and just go straight for the orgasm. "Hey honey, let's have sex!! Bam, done. So what's on the Hunting Channel??"

Anyone remember having to wait for things that you would purchase sometimes??? Sometimes something would take 2 weeks in the mail or something. Or longer out of some catalog??? Am I really that old???

Apparently this 10 day wait is for new gun owners which is why this judge canceled it for these two guys because they already are gun owners. I can see the reasoning for that.

But for a new gun owner to have to wait I don't think 10 days is too much to ask. Needing a gun is either something that you can plan ahead for or it's something you need right now on the spot. So if you're shopping for one but can't wait 10 days either you didn't manage your time well enough to get one before going hunting or you think someone is waiting to rob you when you leave the gun shop.

a reply to: mOjOm

I think there should be a 1 year waiting period on vehicle purchases just so people don't get the idea that they can just buy an automobile and drive it around willy nilly.

After all, someone could just buy a truck and smash into a gas station. This will give people the time it takes to not smash automobiles into gas stations.

Common sense really.