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

Beretta’s three arrow logo
Beretta’s three arrow logo

500 Years in Business: Beretta’s Staying Power

Once Italian, now global, always family-owned; Beretta, the world’s oldest industrial firm, balances continuity and new ideas in its 500-year-old pursuit of gunmaking perfection.

A Traditional Turn: The Derya EX1300 & EX1400 Shotguns

While the company is mostly known for radically modern shotgun designs, Derya's new EX1300 and EX1400 are wood-stocked, break-action shotguns designed for the skeet range or hunting field. 

I Carry: Daniel Defense H9 in an ANR Designs Holster

In our latest “I Carry” segment above, we’re taking a closer look at the Daniel Defense H9, a unique, striker-fired design that borrows popular features from several different handguns. 

A Surprising Conversation on Just How Far an Anti-Gun State Can Go

In Massachusetts this fall, ballot question 9 is an effort to repeal 2024 legislation known as “An Act Modernizing Firearm Laws,” a complex package of fees, red tape, training requirements, and other burdens placed on law-abiding gun owners. 

The Armed Citizen® Oct. 2, 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.

Are Snub-Nose Revolvers Still Relevant?

In a world of micro-compact handguns, does the venerable snub-nose revolver still have a place? Here are four reasons why you might still consider carrying a snubby.

Interests



Get the best of American Rifleman delivered to your inbox.