galapoola 102 Posted December 9, 2013 FOR IMMEDIATE RELEASE: Monday, December 9, 2013 Federal Judge Says California Attorney General Kamala Harris Wrong on Gun Control LawsCourt denies Harris’ arguments and agrees with gun rights group The Calguns Foundation, says state’s firearm waiting period laws fail to meet Constitutional muster ROSEVILLE, CA -- In a rejection of California Attorney General Kamala Harris’ stance on the rights of law-abiding gun owners, Senior Federal District Court Judge Anthony W. Ishii denied Harris’ motion for summary judgement today in a federal civil rights lawsuit filed by The Calguns Foundation, indicating that California’s 10-day “waiting period” gun laws are likely unconstitutional. “The fact that a federal judge saw these laws for what they are -- baseless restraints on the exercise of a fundamental civil right -- is monumental,” explained Gene Hoffman, Chairman of The Calguns Foundation. “California’s waiting period laws for those who own guns is not Constitutional and this order really underlines the point.” In his order, Judge Ishii said that Harris has “not presented sufficient evidence to show that the [10-day waiting period laws] passes either intermediate or strict scrutiny.” About the laws being challenged in the case, named plaintiff Jeff Silvester of Hanford, California, said, “I have a license to carry a loaded firearm across the State.It is ridiculous that I have to wait another 10 days to pick up a new firearm when I’m standing there in the gun store lawfully carrying one the whole time.” “This is certainly an exciting development in Second Amendment case law,” noted Brandon Combs, an individual plaintiff in the case and the Executive Director of The Calguns Foundation. “If our Constitution means what it says, then California’s gun waiting period laws have to be overturned and law-abiding people must be allowed to exercise their rights without irrational infringements.” Regardless of the final decision at the district court, the case is virtually certain to end up at the Ninth Circuit Court of Appeals, and possibly even the United States Supreme Court. “Cases like this one will define the limits of government regulations on firearms and Second Amendment rights,” said Combs. “We look forward to making sure laws like California’s waiting period are properly scrutinized by the courts.” Judge Ishii was appointed to the Federal District Court for the Eastern District of California by President Bill Clinton in 1997. A full copy of the Court’s December 9, 2013, order may be viewed at http://www.calgunsfoundation.org/?p=1683. The press release announcing the lawsuit and case docket may be viewed at http://www.calgunsfoundation.org/?p=1024. The Calguns Foundation (CGF) (www.calgunsfoundation.org) is a 501©3 non-profit organization that serves its members, supporters, and the public through educational, cultural, and judicial efforts to defend and advance Second Amendment and related civil rights. Supporters may visit http://www.calgunsfoundation.org/donate to join or donate to CGF. ### Quote Share this post Link to post Share on other sites
Blacksmythe 71 Posted December 9, 2013 YAY! Im sure NJ will stay the way it is Supreme court, constitution and LAW be damned because it has always been this way so it must be right..... Quote Share this post Link to post Share on other sites
Howard 538 Posted December 10, 2013 So if 10 days is unconstitutional, what about OGAM? Is that three times as unconstitutional???? Quote Share this post Link to post Share on other sites
Old Glock guy 1,127 Posted December 10, 2013 YAY! Im sure NJ will stay the way it is Supreme court, constitution and LAW be damned because it has always been this way so it must be right..... I'm sure you are correct. Quote Share this post Link to post Share on other sites
Pythagoras 2 Posted December 10, 2013 Yeeeeeehawwwww! http://spacedoutclass.files.wordpress.com/2012/08/pickens_bomb_rider1.jpg Quote Share this post Link to post Share on other sites
M4BGRINGO 139 Posted December 10, 2013 Our pistol purchase permit system is just as dumb. Once you have been through the process and purchased your first handgun, there should no longer be a need for pistol purchase permits, ever! We don't need to discuss the absurdity named OGAM. "Their" laws are really doing an excellent job keeping guns out of the hands of those that legally can't have them. Quote Share this post Link to post Share on other sites
71ragtopgoat 23 Posted December 10, 2013 The appeals court will overturn that Judge. It's just like our may issue lawsuit. Even though it's clearly unconstitutional Jesus will come off the cross before our activist judges actually rule in accordance with the constitution on 2A issues. Quote Share this post Link to post Share on other sites
M4BGRINGO 139 Posted December 11, 2013 Heck, if Jesus came off the cross I wouldn't be worried about guns anymore. Quote Share this post Link to post Share on other sites
Blacksmythe 71 Posted December 11, 2013 NJ permit process is stupid. How did it get this bad? I can pass a NICs check for unlimited rifles and shot guns, but suddenly a handgun has mystical properties that require "special" steps...... Quote Share this post Link to post Share on other sites
raz-0 1,259 Posted December 12, 2013 It was not found unconstitutional, the case was just not dismissed as baseless at the request if the state. Which bodes well, but nothing is done yet. Quote Share this post Link to post Share on other sites
ryan_j 0 Posted December 12, 2013 Yeah, this is just a preliminary injunction that they lost. Quote Share this post Link to post Share on other sites