CA Waiting Period Deemed Unconstitutional for Existing Gun Owners

by
posted on August 26, 2014
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"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.

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