CA Waiting Period Deemed Unconstitutional for Existing Gun Owners

by
posted on August 26, 2014
** When you buy products through the links on our site, we may earn a commission that supports NRA's mission to protect, preserve and defend the Second Amendment. **
354ar_wire_main11.jpg

"The 10-day waiting periods of California Penal Code § 26815(a) and § 27540(a) violate the Second Amendment as applied to those individuals who successfully pass the BFEC/standard background check prior to 10 days and who are in lawful possession of an additional firearm as confirmed by the AFS system;

a. If the BFEC/standard background check for such an individual is completed and approved before 10-days, Defendant shall immediately release the firearm for delivery to such individual and shall not wait the full 10-days;"

With those words by a federal judge in an Aug. 22 ruling, California gun-owners declared victory for those who have gone through the process of getting a concealed-weapons permit, or who the state already knows to be firearms owners. Individuals purchasing a firearm for the first time still need to abide by the 10-day waiting period.

The judge has issued a 180-day stay of his own ruling to give California time to rewrite its laws.

Read the judge's complete ruling here.

Latest

Magpul/ZEV FDP Carbine
Magpul/ZEV FDP Carbine

Ori-gun-i: The ZEV Technologies FDP Carbine

The American art of folding polymer and steel into a working firearm reaches what might be its zenith with the Zev Technologies/Magpul FDP.

Study Finds Correlation Between Firearm Training & Safe Gun Storage

In a survey of more than 1,000 firearm owners across the nation, researchers found that firearm training increases responsible gun storage at a dramatic rate.

The Armed Citizen® Oct. 12, 2026

Read today's "The Armed Citizen" entry for real stories of law-abiding citizens, past and present, who used their firearms to save lives.

Review: Glenfield Firearms Model A

The Glenfield Firearms Model A is a stalwart budget option returning to the market under the Ruger umbrella.

Skills Check: Taking Time Off

Our drill this month is a real worker bee. It trains you to deliver a well-placed transition round and deliberately decreases the time it takes you to move the muzzle and set up for the next one.

Range Review: Canik Prime Radian

With the new Canik Prime Radian, you can have your compensator and your flared magazine well, too, all inside an easily carried, compact handgun.

Interests



Get the best of American Rifleman delivered to your inbox.