CA Waiting Period Deemed Unconstitutional for Existing Gun Owners

by
posted on August 26, 2014
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

Gotw Beretta 92Xi Squalo Web
Gotw Beretta 92Xi Squalo Web

Gun Of The Week: Beretta USA 92XI Squalo

Join American Rifleman staff in this week's video to learn about a new version of the famed Beretta 92, a line extension that offers up single-action-only operation, optic-ready capability and more.

The Armed Citizen® July 26, 2024

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

Retro Review: The Smith & Wesson Model 5946

The Model 5946 duty pistol faithfully served police forces nationwide until it was pulled from production just before the turn of the millennium. Now, lots of these trade-in duty guns are available to commercial sales through distributors such as Aim Surplus, LLC.

NRA Leading The Way In Range Development Education

From its Range Development and Operations Online Course to Range Conferences, the National Rifle Association is leading the charge to educate potential and current range owners and operators with range development information, environmental issues, safety and more.

Rifleman Review: Colt Gold Cup National Match M1911

Colt is the brand that's traditionally associated with the M1911, and in this Rifleman Review, we look at how they're paying homage to the classic design with the Gold Cup National Match model.

New For 2024: Springfield Armory 1911 DS Prodigy Coyote Brown

Springfield Armory now offers several models of its 1911 DS Prodigy with a coyote-brown finish.

Interests



Get the best of American Rifleman delivered to your inbox.