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.