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

AK In The USA
AK In The USA

AKs In The USA: The Current State of the American AK Platform

Despite it being the primary rifle of the enemy for most of its existence, American shooters have nonetheless warmed to the AK platform, creating an unlikely love story.

Demand for Guns, Ammo & Firearm Accessories Accelerates

October gun sales increased according to the National Shooting Sports Foundation (NSSF) estimate, but the quarterly reports from major manufacturers reflect purchases significantly higher.

The Armed Citizen® Nov. 9, 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: Canik MC9 Prime Radian

This Canik MC9 Prime uses Radian Weapons technology.

Beretta's Behemoth: An Overview of Beretta Holdings

Beretta Holding’s portfolio is so great, both in numbers and marquee value, the list speaks for itself.

What Should Ruger’s Future Revolvers Look Like?

Ruger’s revolvers would benefit from a few updates if the company ever decides to bring them back into production.

Interests



Get the best of American Rifleman delivered to your inbox.