CA: Waiting period violates 2A for gun owners

[Alamo]

Volokh Conspiracy: California 10-day waiting period to buy gun violates the Second Amendment, as to people who are known to the state to already own guns


Direct link to decision: Silvester v. Harris (E.D. Cal. Aug. 22, 2014)

This is a Federal District Court decision, I am sure California will appeal it.

 

[jedi]

No wonder they had an earthquake a few days ago!!!

 

[IndyGunworks]

Very well written, and seems to have lots of common sense in the decision. Finally a court decision that I can follow almost word for word.

 

[Kirk Freeman]

Another win for SAF.

Now if they can just keep Alan quiet.

 

[Alamo]

No wonder they had an earthquake a few days ago!!!

Heh!

 

[Mike Grasso]

Makes me want to move back.... not.

 

[KLB]

I see layoffs coming in CA for those that process the background checks.

 

[GodFearinGunTotin]

I see layoffs coming in CA for those that process the background checks.

In the article I read, if I read it correctly, there's still going to be background checks and 10 day waiting periods...just not for those that already have a CCW permit and guns.

 

[MCgrease08]

In the article I read, if I read it correctly, there's still going to be background checks and 10 day waiting periods...just not for those that already have a CCW permit and guns.

The way I read it is basically that there would still be background checks, but anyone who passes the check would be allowed to take possession immediately after passing, whether it took 1 hour, 1 day, or 1 week. Once they pass, there is no good reason to make them continue to wait.

 

[Hornett]

Oh wow.
This has very interesting implications when considered using a California kind of logic.
...
In order to avoid the 10 day waiting period, all you have to do is TELL THE .GOV that you already have guns.
You get your gun same day and the .gov gets an expanded list of those who own guns.
Possibly finding out about some the did not know about before.
Also do you have to bring in the gun you already have to prove you actually have one?

 

[actaeon277]

Oh wow.
This has very interesting implications when considered using a California kind of logic.
...
In order to avoid the 10 day waiting period, all you have to do is TELL THE .GOV that you already have guns.
You get your gun same day and the .gov gets an expanded list of those who own guns.
Possibly finding out about some the did not know about before.
Also do you have to bring in the gun you already have to prove you actually have one?

Doesn't California already have registration?
So you don't have to tell them.

 

[KLB]

In the article I read, if I read it correctly, there's still going to be background checks and 10 day waiting periods...just not for those that already have a CCW permit and guns.

I wasn't clear in what I was saying. I meant they will lay off people so that there are fewer people to process the requests, thus making the time spent waiting longer.

 

[Alamo]

Oh wow.
This has very interesting implications when considered using a California kind of logic.
...
In order to avoid the 10 day waiting period, all you have to do is TELL THE .GOV that you already have guns.
You get your gun same day and the .gov gets an expanded list of those who own guns.
Possibly finding out about some the did not know about before.
Also do you have to bring in the gun you already have to prove you actually have one?

Well, no, not really. The decision:
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.

In order to shorten the 10 day waiting period, you already have to be in the Automated Firearms System or have a CCW license. Bringing in gun the State doesn't know about won't do anything to speed things up. You have to have already legally obtained one and be in the AFS or have a CCW license (which probably also means you are in the AFS if you bought a handgun to go with your license). Or have Certificate of Eligibility, but then you also still have to be in the AFS. And you still have to have the background check.

By all means, if you are a California resident with a stash of guns the State does not know about, clueing them in on it will not speed up delivery of your new gun. Might speed up your visit the penitentiary, depending on their current laws on gun registration. Especially if one of your stash has a shoulder-thingy-that-goes-up.

 

[Hornett]

Thanks.
I had forgotten how heavily regulated California really is.

 

[Alamo]

Time for a little thread resurrection:

No Lawyers - Only Guns and Money: Christmas Comes Early In California

http://ia600803.us.archive.org/13/items/gov.uscourts.caed.233362/gov.uscourts.caed.233362.136.0.pdf

This case involved a Second Amendment challenge to statutes that imposed a 10-day waiting period between the time of purchase and time of possession of a firearm, and a Fourteenth Amendment challenge to 18 individual exemptions to the 10-day waiting period. Following a bench trial, the Court held that the 10-day waiting period violated the Second Amendment as applied to three classes of individuals and enjoined Defendant from enforcing the 10-day waiting period with respect to the three classes of individuals, but the Court did not reach the Fourteenth Amendment question. Now before the Court is Plaintiffs‟ motion for attorneys‟ fees.

...

Accordingly, IT IS HEREBY ORDERED that:
1. Plaintiffs‟ motion for attorneys‟ fees is GRANTED in the amount of $192,073.00; and
2. Plaintiffs‟ motion for costs is GRANTED in the amount of $2,006.45 ($1,434.16 + $572.29).
IT IS SO ORDERED.
Dated: December 17, 2014

<signed A. W. Ishii>
SENIOR DISTRICT JUDGE