California Wait Period Doesn't Apply to Gun Owners

Monday, 25 Aug 2014 08:21 PM

 

Share:
  Comment  |
   Contact Us  |
  Print  
|  A   A  
  Copy Shortlink

A federal judge has overturned part of a California law requiring a 10-day waiting period for gun buyers, ruling that it does not apply to those who already own firearms.

U.S. District Judge Anthony Ishii of Fresno ruled late last week that "10-day waiting periods impermissibly violate the Second Amendment" for gun-buyers who already passed background checks or are authorized to carry concealed weapons.

"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. 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," he said in his ruling.

Californians buying their first firearm will still have to undergo background checks and the 10-day waiting period under the judge's 56-page ruling, dated Friday.

Ishii delayed the effective date of his order for six months to give the state time to appeal or the Legislature time to adopt new rules. For instance, he suggested lawmakers might want to change state law to allow law enforcement officials to delay the delivery of a firearm if they have reason to suspect that the buyer intends to illegally pass on the weapon to someone else.

A spokesman for the state attorney general, Nick Pacilio, said Monday that officials are reviewing the ruling as they decide whether to appeal. He declined further comment.

Two gun owners and two gun-owner rights groups, The Calguns Foundation and Second Amendment Foundation, sued over the state waiting period in 2011.

Jeff Silvester, one of the gun owners who sued, said in a statement that Ishii's ruling "is a great win for Second Amendment civil rights and common sense."

© Copyright 2014 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Share:
  Comment  |
   Contact Us  |
  Print  
  Copy Shortlink
Around the Web
Join the Newsmax Community
Please review Community Guidelines before posting a comment.
>> Register to share your comments with the community.
>> Login if you are already a member.
blog comments powered by Disqus
 
Email:
Country
Zip Code:
Privacy: We never share your email.
 
Hot Topics
Follow Newsmax
Like us
on Facebook
Follow us
on Twitter
Add us
on Google Plus
Around the Web
Top Stories
You May Also Like

WSJ: Farmers Urge Congress To Legalize Field Workers

Monday, 24 Nov 2014 10:32 AM

Frustrated farmers across the country are urging Congress to temporarily legalize hundreds of thousands of illegal immig . . .

Probe Begins in Fatal Shooting of Boy by Officer

Monday, 24 Nov 2014 10:27 AM

A 12-year-old boy was fatally shot by police in Cleveland after brandishing what turned out to be a replica gun, trigger . . .

Ferguson Churches to Serve As Sanctuary for Protesters, Residents

Monday, 24 Nov 2014 09:23 AM

With anticipation and tensions increasing as a grand jury prepares to announce whether to indict a police officer in the . . .

Most Commented

Newsmax, Moneynews, Newsmax Health, and Independent. American. are registered trademarks of Newsmax Media, Inc. Newsmax TV, and Newsmax World are trademarks of Newsmax Media, Inc.

 
NEWSMAX.COM
America's News Page
©  Newsmax Media, Inc.
All Rights Reserved