2nd Amendment

Judge Rules California’s 10-Day Wait to Buy Firearms is Unconstitutional in Some Cases

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Score a win for the Second Amendment in California.

U.S. District Judge Anthony Ishii ruled Monday that The Golden State’s 10-day waiting periods to buy firearms “impermissibly violate the Second Amendment as applied to”:

  • Those who lawfully possess a firearm as confirmed by the Automated Firearms System (AFS)
  • Carry Concealed Weapon (CCW) license holders
  • Those who possess a Certificate of Eligibility (COE) and a firearm as confirmed by the AFS

The ruling has been stayed for 180 days. The plaintiffs had urged the court to follow the approach of the Seventh Circuit which did so in order to give the Illinois legislature the opportunity to develop new laws in light of the unconstitutionality of various gun laws.

Importantly, the court did not issue an opinion on the constitutionality of the waiting period in general or its application to first time firearms buyers.

Meanwhile, this is just the latest pro-Second Amendment decision to come out of the courts. A federal judge recently ruled that Washington, D.C.’s ban on carrying handguns outside the home is unconstitutional. That decision was stayed for three months, giving city leaders time to defend the ban.

But another case in New Jersey could be a damper for Second Amendment supporters. A Pennsylvania resident, 27-year-old Shaneen Allen, is facing prison after allegedly carrying her gun into The Garden State without realizing that it doesn’t recognize carry permits from other states. The judge has refused to drop charges in that case.