Federal Judge: ‘CA 10-day waiting period unconstitutional’

Gun owners in The Golden State will no longer have to wait 10 days before being allowed to pick up a purchased firearm from a licensed dealer should a federal judge’s ruling hold up.

On Monday, U.S. District Court Judge Anthony W. Ishii declared the state’s 10-day waiting period for individuals who own guns and previously passed background checks unconstitutional.

“There is no evidence that a ‘cooling off period,’ such as that provided by the 10-day waiting period, prevents impulsive acts of violence by individuals who already possess a firearm,” wrote Judge Anthony Ishii in his 56-page ruling.

“A waiting period for a newly purchased firearm will not deter an individual from committing impulsive acts of violence with a separate firearm that is already in his or her possession,” Ishii continued.

The judge did, however, make it clear that the ruling in the case known as Silvester v. Harris does not cover first-time gun buyers.

Pro-gun organizations celebrated the decision, hoping that it is a sign that things are changing in California.

“As an individual plaintiff I was ecstatic,” said Brandon Combs, the executive director of The Calguns Foundation, which backed the lawsuit, to KCRA News. “It was years and an awful lot of work.”

Combs now has his sights set on California’s one-handgun-per-month restriction.

“Under state law, you can only buy one handgun a month,” Combs said. “We think that is simply unconstitutional.”

Though, with respect to the 10-day purchase rule, Combs believes that gun owners are not out of the woods just yet as state attorney general Kamala Harris may appeal the decision to the Ninth U.S. Circuit Court of Appeals.

“I think that the odds are 50-50 that (Harris) does not appeal and lets the Legislature figure out what they want to do,” he said.

Judge Ishii ruling goes into effect in 180 days, which gives the Legislature time to enact a new law that accords with the decision should it want to.

{ 12 comments… add one }
  • ken holliday January 20, 2017, 10:13 pm

    I’m a native CA resident who purchased a new Ruger .327 Fed Mag on 12/19/16. Should have been able to pick it up 12/29/17 but the gun store called me on 12/28 to tell me they received an e-mail that says mine and about 30 others back ground checks were delayed and I could not pick it up yet. About a week later I get a letter from DOJ saying they are allowed 30 more days to complete a “more in-depth check” that may be due to “inconsistencies that may involve my record and/or stolen firearms.” WHAT A LOAD OF CRAP! I’ve purchased 3 other firearms in the last 10 years after receiving a letter from DOJ that my record was clear and I should have NO problems purchasing or transferring firearms.
    I have just about had it with this Communist state (“The People’s Republic of California”) and am very close to packing up, getting out of Dodge, and letting the illegals bankrupt this place.

    • Lance January 21, 2017, 8:34 am

      Hate to say it but maybe it’s time for a lawsuit since they’re clearly not following the law and it’s unconstitutional. I’d do it if I were you, otherwise you’re going to keep getting stepped on until people like you say enough is enough. Just my opinion.

  • Art April 1, 2016, 6:58 pm

    It’s April 1, 2016…still waiting…

  • MJ June 29, 2015, 11:54 am

    It’s June 29, 2015 and the 10 day waiting period is still in effect. California does what it wants including ignoring the laws that have been over turned.

  • jms380 June 22, 2015, 8:42 pm

    As a fellow oppressed CA resident, I am glad we have a few judges left with common sense. I don\’t count on our lousy legislature to leave this issue alone. Scary fact that CA has 30% of the nations welfare recipients for 12% of the nations population. The day the gravy train stops is the day all hell breaks loose. Remember the LA riots, it will be every large CA city the same day.

  • Keith September 17, 2014, 12:33 pm

    I left California around 2001. The situation of citizen’s liberty and rights has only deteriorated in that State since. The crippled firearms California citizens have to deal with because the rifle has an evil pistol grip or a magazine that holds 11 rounds *Gasp!*

    From what I heard after illegal immigrants were made legal under amnesty in the 1980s the progressive socialists took over the State. It has been downhill ever since for California.

  • Methadras September 2, 2014, 11:51 am

    This is how the left in democrat clothing in California have worked for decades. Pass gun laws to the detriment of the citizens of California and the Constitution and hope that the citizens are cowed enough to stay away. Let the laws stick to the point that even a court has to say that they are wrong. They have been gaming the legal system for decades this way and if no one challenges, then nothing happens. But there is still the 180 day process and the appeals process. Now I wonder if any of Leland Yee’s anti-gun legislation can be challenged considering his illegal gun activities.

  • John September 1, 2014, 9:41 am

    ‘CA 10-day waiting period unconstitutional’
    …shall not be infringed.
    Duh!
    Maybe a better headline would have been, ‘Judge Who Understands The Constitution’

    • Russ September 2, 2014, 12:34 am

      Here, here John!
      I’m a Californian waiting for the day that all the laws made here to chip away at our 2nd amendment rights get overturned.
      Everyone of these misinformed Democrats is breaking the law when they defy their oath to office that said they would stand up for and protect the Constitution of the United States.

      • David May 18, 2015, 10:45 am

        Let’s stop waiting and start doing. I too was waiting,but now I know the only way is for us to act lawfully together to get these infringing laws off the books. Take every opportunity to contact you representatives. Our voices will be heard when there are a lot of them. I hope you take this comment as constructive encouragement.

        Your Fellow Californian Gun Owner

    • m.beasley September 2, 2014, 11:26 pm

      dont think it will matter.i bought a 10/22 last year and they took six months to complete a background check.the doj called me and asked if i had ever been arrested .i asked them if they see any convictions because thats what they should be checking.since its supposed to be innocent to proven guilty.arrest with no convictions doesnt count.they did approve it after six mos.

    • m.beasley September 2, 2014, 11:26 pm

      dont think it will matter.i bought a 10/22 last year and they took six months to complete a background check.the doj called me and asked if i had ever been arrested .i asked them if they see any convictions because thats what they should be checking.since its supposed to be innocent to proven guilty.arrest with no convictions doesnt count.they did approve it after six mos.

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