California’s 10-day “waiting period” ruled unconstitutional

[galapoola 102]

FOR IMMEDIATE RELEASE: Monday, December 9, 2013

Federal Judge Says California Attorney General Kamala Harris Wrong on Gun Control Laws

Court 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.

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[Blacksmythe 71]

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.....

[Howard 538]

So if 10 days is unconstitutional, what about OGAM?  Is that three times as unconstitutional????

[Old Glock guy 1,127]

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.  

[Pythagoras 2]

Yeeeeeehawwwww!

 

 

http://spacedoutclass.files.wordpress.com/2012/08/pickens_bomb_rider1.jpg

[M4BGRINGO 139]

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.

[71ragtopgoat 23]

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.

[M4BGRINGO 139]

Heck, if Jesus came off the cross I wouldn't be worried about guns anymore.

[Blacksmythe 71]

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......

[raz-0 1,259]

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.

[ryan_j 0]

Yeah, this is just a preliminary injunction that they lost.