CA 10 day waiting period ruled un-Constitutional

Senior Judge Anthony W. Ishii, a Bill Clinton appointee, of the U.S. District Court for the Eastern District of California, ruled the 10-day waiting period violated the rights of those having already met the other standards of the laws of that state. “The 10-day waiting periods of Penal Code [sections 26815(a) and 27540(a)] violate the Second Amendment” as applied to members of certain classifications, like Silvester and Combs, and “burdens the Second Amendment rights of the Plaintiffs”, Said Judge Ishii.

Those that have passed a background check and hold a license to carry a handgun, or who hold a “certificate of eligibility” and possess at least one other gun known to the state are no longer subject to the waiting period.

The case was brought by California gun owners Jeffrey Silvester and Brandon Combs, as well as two gun rights groups, The Calguns Foundation and Second Amendment Foundation. As one can expect, all plaintiffs are happy as can be. ““This is a great win for Second Amendment civil rights and common sense,” said Jeff Silvester, “I couldn’t be happier with how this case turned out.”

While this is one small step in what is becoming a increasingly heated debate over the right to bear arms in this country, considering the state and the judge, one can look at this as a very positive sign that the rights of the people will not be as readily stripped as some would like to see.

You can read the decision here.



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