9th Circuit Says CA 10 Day Wait for Handgun is Constitutional

[Kevin125 4,772]

From Breitbart.com

 

http://www.breitbart.com/california/2016/12/15/ninth-circuit-10-day-waiting-firearm-purchases-constitutional/

 

============

On December 14, the United States Court of Appeals for the Ninth Circuit ruled that California’s ten-day waiting period on gun purchases is constitutional.

 

People who purchase firearms in California undergo a background check and pay for the gun, then are required to wait ten days before being allowed to actually take possession of the firearm. The court described this waiting period as “a reasonable safety precaution.”

 

According to the Wall Street Journal, Calguns and the Second Amendment Foundation filed the suit against the waiting period in 2011. They “argued that current gun owners are entitled to take home guns they purchase as soon as they pass a background check.” A federal judge sided with the Calguns and the Second Amendment Foundation in 2014, ruling that “the waiting period served no public-safety purpose when enforced against buyers who already own guns and who pass the background check.” But the 2014 ruling was appealed, and the Ninth Circuit has now ruled in favor of the state of California.

 

The Ninth Circuit saw the ten-day wait as a “cooling-off period.” Judge Mary M. Schroeder wrote, “An individual who already owns a hunting rifle, for example, may want to purchase a larger capacity weapon that will do more damage when fired into a crowd.”

 

=============

 

Soooo... the geniuses on the 9th Circuit believe the cure to mental illness..... is to wait 10 days and it will get better......

 

The article goes on to point out that Florida has a 3 day wait for handguns... so the Orlando Night Club murderer... bought a handgun.. waited 3 days... then killed a bunch of people.  Soooo... not so much cooling off going on.  Or curing of mental illness.

 

The Mr. Hawkins points out that waiting periods cost lives. Namely.. Carol Bowne.  She bled to death while waiting.

 

This all falls in the pit of ridiculousness of the OGAM law here.

 

Hopefully, waiting periods are not coming to a gun shop near you.

[jackandjill 683]

Unfortunately, they will be coming to NJ as soon as next Gov gets in. 

[45Doll 5,874]

We already have waiting periods. It's called Handgun Purchase Permits. My most recent took 11 weeks through the NJSP. My friend is still waiting 10 months + for the same.

[njpilot 671]

FL's 3 day wait doesn't apply if you have a CWP

[myhatinthering 462]

the comment alone should be basis for being shot down

 

is there a challenge to this yet?

[DirtyDigz 1,811]

We already have waiting periods. It's called Handgun Purchase Permits. My most recent took 11 weeks through the NJSP. My friend is still waiting 10 months + for the same.

 

Plus the 1-2 day effective delay if NJ NICS is "busy".

[Kevin125 4,772]

We already have waiting periods. It's called Handgun Purchase Permits. My most recent took 11 weeks through the NJSP. My friend is still waiting 10 months + for the same.

 

Good point.

 

The difference is.. you pay for the gun..... then wait some more.

[jackandjill 683]

NJ Court logic would be "you waited  a year for PP, whats another 10 days wait, its not like you are dead, hence legal". 

[Old Glock guy 1,127]

Laws like these are written because legislators are always assuming that guns are going to be used for evil purposes.  From that perspective, it's no wonder that they would love to ban them entirely.

 

If they looked at them as weapons to protect good people from evil (as in the case of Carol Bowne cited above), then restrictions like waiting periods,

mag limits, and the like would seem ridiculous. 

[NJGF 375]

the comment alone should be basis for being shot down

 

is there a challenge to this yet?

 

That would be to SCOTUS which really needs a pro 2A Trump ninth justice.

[Howard 538]

The analysis went on to say that when the 2nd Amendment was written you often had to wait a long time because a gun was not in the store locally and had to come from the manufacturer.  Are they freakin serious?  If that is the way things are then the Liberals should never be allowed to use the Internet because back when the 1st Amendment was written you had to get out parchment and a quill pen to ink a letter.  This crap has to end.

[Cereza 106]

We already have waiting periods. It's called Handgun Purchase Permits. My most recent took 11 weeks through the NJSP. My friend is still waiting 10 months + for the same.

 

You'd think there'd be grounds for a lawsuit if something that according to NJ law should take 30-days is taking 10+ months…

 

Kim Rhode must be tearing her hair out in CA…

[45Doll 5,874]

You'd think there'd be grounds for a lawsuit if something that according to NJ law should take 30-days is taking 10+ months…

There already was one, and thanks to the NJ Supreme Court 30 days means whatever they imagine it means.

 

.. 30 days from receiving your application

....30 days from reading your application

.....30 days from starting the background check

......30 days from finishing the background check

.......30 days from only responsible P.O. returning from vacation

.........30 days from hiring a typist to type up the permits

...........etc.

 

Just ask Robert Torricelli.

[Edge 6]

We already have waiting periods. It's called Handgun Purchase Permits. My most recent took 11 weeks through the NJSP. My friend is still waiting 10 months + for the same.

Exactly, then if you get multiple permits, you buy one and wait 30 days between subsequent purchases....... Total bullshit.