CA Waiting Period Violates 2nd


The United States District Court for the Eastern District of California issued an opinion in August holding that Californias 10-day waiting period for nearly all firearm sales violates the Second Amendment, at least as applied to individuals who have already purchased firearms.

Like the Peruta ruling I reported on in April of this year, this is a big win if the decision holds up through what will likely be further challenges by Californias state government. Even if the decision is not appealed, it will not take effect for at least 180 days because of a stay that was granted to give California sufficient time to alter its firearm procedures to comply with the courts holding.

Judge Anthony W. Ishiis opinion generally found Californias justifications for the waiting period insufficient to overcome the burden the waiting period placed on Californians right to keep and bear arms.

In rejecting the states background check justification, the court found that in many cases background checks are completed anywhere from a few hours to one day, and in the vast majority of cases, the check was completed in fewer than 10 days, so the background check provided no justification for the waiting period beyond the actual time needed to complete the check on a case-by-case basis.

The court was not persuaded by the states cooling off period justification, because individuals in each of the three classes already owned a firearm or had undergone a thorough background investigation that made it extremely unlikely that these individuals would carry out an impulsive violent crime.

As to the states straw purchase justification, the court found that there was no evidence that the legislature had intended the waiting period to serve as a deterrent to straw purchases or that the waiting period actually did deter straw purchases.

Gun owners should take a page from voters in the town of Castle Rock, Colorado, who passed two referenda that strengthen gun rights in their neck of the woods.
Once a municipal judge certified the results of Castle Rocks Aug. 19 special election, the open carry of firearms was allowed in all town-owned facilities and parks, the town said in a news release.

The issue came to a head in January, after the city council voted 4-3 to ease the towns open-carry restrictions, which had been in effect since 2003. Some citizens challenged the council decision by collecting signatures to place two measures on the ballot, but those anti-gunners lost on both counts.

Referendum A, which prohibits the town manager from banning the open carrying of firearms in public parks, passed by 50.8%. Referendum B, which requires a town vote before local officials are allowed to alter gun laws in Castle Rock, passed by 71.2% of the vote.

Yes, these are small, very localized wins. But any pro-gun-ownership movement in Colorado should be applauded and replicated.GT


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