California Gun Waiting Period Laws Ruled Unconstitutional
Big Victory for California Gun Owners!
California’s 10-day waiting period for gun purchases was ruled unconstitutional by a Federal judge on August 25, 2014 in a significant victory for Second Amendment civil rights. The laws were challenged by California gun owners Jeffrey Silvester and Brandon Combs, as well as two gun rights groups, The Calguns Foundation, and Second Amendment Foundation. The decision was issued in the case of Silvester v. Harris.
Ruling is Limited in Scope
The Court’s decision does not toss out California’s 10-day waiting period completely. However, the Court did rule that the 10-day rule is invalid for those who already lawfully possess firearms and have satisfied background checks. The full decision can be read at http://bit.ly/silvester-v-harris-decision
Federal Court Decides 10-day Waiting Period Laws Violate 2nd Amendment Rights
The ruling was made by the Federal District Court for the Eastern District of California. In his decision, Federal District Judge Anthony W. Ishii, a Clinton appointee, found that “the 10-day waiting periods of Penal Code [sections 26815(a) and 27540(a)] violate the Second Amendment” as to certain classes of citizens, and “burdens the Second Amendment rights of the Plaintiffs.”
Specifically the Court held that the 10-day waiting period was invalid for citizens who already held a CCW license and had passed background checks. The Court did NOT hold the the 10-day period was invalid for new purchasers who had not already been vetted. Specifically, Judge Ishii held 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, to those who possess a valid CCW license, and to those who possess both a valid COE 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.”
“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.
“California gun owners are not second-class citizens and the Second Amendment doesn’t protect second class rights,” noted plaintiff Brandon Combs, also CGF’s executive director. “This decision is an important step towards restoring fundamental individual liberties in the Golden State.”
“This ruling clearly addressed the issue we put before the court,” said SAF founder and Executive Vice President Alan Gottlieb. “We are naturally delighted with the outcome.”
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Tags: 2d Amendment, California, Federal Court, Silvester Harris
The statement made by the court, in part, states:
“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, to those who possess a valid CCW
license, and to those who possess both
a valid COE 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.” See the provided link, page 2, lines 9 thru 14 – https://www.dropbox.com/s/fi446aithzlrcv0/silvester.pdf?dl=0
The key additional point (not included in the AccurateShooter article – 3rd-to-last paragraph) is the “…those persons who already lawfully possess a firearm as confirmed by the AFS…”. I read that to mean that if you are a second-time or subsequent buyer in CA, the 10-day wait does not apply and the firearm should be released as soon as the seller can check the computer to confirm a prior purchase.
I found nothing in the doc that states when the ruling will be effective, whether there is any automatic delay to allow for the defendant (the State of California’s Attorney General) to appeal, and what the impact is on waiting periods currently in process.
Wow! [And I just finished a DROS wait yesterday.]
I was just advised that the judge issued a 180-day stay.
The low gun ownership states get hammered,
States with Extremely High Populations of Gun Owners(more than 50%)
1. Wyoming – 59.7%
2. Alaska – 57.8%
3. Montana – 57.7%
4. South Dakota – 56.6%
5. West Virginia – 55.4%
6. Mississippi – 55.3%
6. Idaho – 55.3%
6. Arkansas – 55.3%
9. Alabama – 51.7%
10. North Dakota – 50.7%
States with High Populations of Gun Owners
11. Kentucky – 47.7%
12. Wisconsin – 44.4% (Battleground state. See Wisconsin in 2012 Elections.)
13. Louisiana – 44.1%
14. Utah – 43.9%
14. Tennessee – 43.9%
16. Oklahoma – 42.9%
16. Iowa – 42.9% (Battleground state. See Iowa in 2012 Elections.)
18. South Carolina – 42.3%
19. Kansas – 42.1%
20. Vermont – 42.0%
21. Missouri – 41.7% (Battleground state. See Missouri in 2012 Elections.)
21. Minnesota – 41.7%
23. North Carolina – 41.3% (Battleground state. See North Carolina in 2012 Elections.)
24. Maine – 40.5%
25. Georgia – 40.3%
States with Median Populations of Gun Owners
26. Oregon – 39.8%
27. Indiana – 39.1%
28. Nebraska – 38.6%
29. Michigan – 38.4% (Battleground state. See Michigan in 2012 Elections.)
30. Texas – 35.9%
31. Virginia – 35.1% (Battleground state. See Virginia in 2012 Elections.)
32. New Mexico – 34.8% (Battleground state. See New Mexico in 2012 Elections.)
33. Colorado – 34.7% (Battleground state. See Colorado in 2012 Elections.)
33. Pennsylvania – 34.7% (Battleground state. See Pennsylvania in 2012 Elections.)
35. Nevada – 33.8% (Battleground state. See Nevada in 2012 Elections.)
36. Washington – 33.1%
37. Ohio – 32.4% (Battleground state. See Ohio in 2012 Elections.)
38. Arizona – 31.1% (Battleground state. See Arizona in 2012 Elections.)
39. New Hampshire – 30.0% (Battleground state. See New Hampshire in 2012 Elections.)
States with Below Median Populations of Gun Owners
40. Delaware – 25.5%
41. Florida – 24.5% (Battleground state. See Florida in 2012 Elections.)
42. California – 21.3%
42. Maryland – 21.3%
44. Illinois – 20.2%
45. New York – 18%
46. Connecticut – 16.7%
47. Rhode Island – 12.8%
48. Massachusetts – 12.6%
49. New Jersey – 12.3%
50. Hawaii – 6.7%
Once again, you quote a percentage rather than a number of gun owners. The 6-7 million gun owners in the state of Ca. alone, far exceed the number of gun owners in many of the higher percentage states combined.
While everyone is celebrating, nobody has mentioned that in order to exercise a RIGHT that is enumerated in the constitution (not granted by the constitution)this verdict only applys to people who have already been through a DROS, or have other documentation already on file with the state.
Other courts have already held that a right that is limited by a license requirement (effectively so in this case) is NO RIGHT AT ALL!!!!!!!!!
All the more to vote against guns. Percentage is the only way to look at it. As 100% are eligible to vote. 21% is just not enough, almost as bad as the 18% we have here in NY. Ya get above 35% and they dont mess with you. History has shown this to be the case.
as a fellow also from Ny .
We must remember who voted for
what at election time.
Many New Yorker are Poed about the recent safe act But its seems to have quieted down here at least.
Time to make some noise and vote the
politicians out It almost election time.
Gerald, Agree completely. There’s as many gun owners in NY as voted in the last election, 4.5 million gun owners, 4.5 voted out of 12 million registered. cuomo was elected with 2.9 million votes. If just HALF the states gun owners vote the gun issue we can put anyone in there we want. If we cant we are truly in a sad state of affairs.