The Second Amendments extends to all fifty States, regardless of what the politicians and special interests say. In Illinois crime has gone done thanks to the ability, finally, of concealed carry in the State. States that have strict Second Amendment enforcement has fewer crimes. New York and other cities that use government to steal weapons, have more crime—and many honest citizens are forced to break the law to protect themselves.
In California, the politicos tried to hold up the delivery of guns to honest citizens—criminals never have a background check or waiting period. Now a court has told our confused Guv Brown he must enforce the Second Amendment, like it or not.
“The 10-day waiting periods “impermissibly violate the Second Amendment,” the decision says. The ruling applies to those who already lawfully possess a firearm as confirmed in the Automated Firearms System; to those who possess a valid “carry concealed weapon” license; and to those who possess a valid certificate of eligibility, the ruling says.”
Photo courtesy of krazydad/jbum, Flickr.
Court: It can take too long to get a gun in California
Central Valley Business Times, 8/25/14
• Federal judge says waiting period is unconstitutional in some cases
• “It is expressing no opinion on the constitutionality of the 10-day waiting period in general”
California’s 10-day waiting period for gun purchases is unconstitutional in some cases, according to a ruling by Senior District Judge Anthony Ishii of the U.S. District Court in Sacramento.
The waiting period was challenged by California gun owners Jeffrey Silvester and Brandon Combs, as well as two gun rights groups, the Calguns Foundation and Second Amendment Foundation.
The 10-day waiting periods “impermissibly violate the Second Amendment,” the decision says. The ruling applies to those who already lawfully possess a firearm as confirmed in the Automated Firearms System; to those who possess a valid “carry concealed weapon” license; and to those who possess a valid certificate of eligibility, the ruling says.
It also says the waiting period may be constitutional in some cases. “Given the nature of the challenges made, the Court emphasizes that it is expressing no opinion on the constitutionality of the 10-day waiting period in general or as applied to first time California firearms purchasers,” Mr. Ishii says.
“This is a great win for Second Amendment civil rights and common sense,” says Jeff Silvester, the named individual plaintiff. “I couldn’t be happier with how this case turned out.”
Under the court order, the California Department of Justice must change its systems to accommodate the unobstructed release of guns to gun buyers who pass a background check and possess a California license to carry a handgun, or who hold a “certificate of eligibility” issued by the DOJ and already possess at least one firearm known to the state.
“We are happy that Second Amendment rights are being acknowledged and protected by our courts,” said Donald Kilmer, lead attorney for the plaintiffs.
Attorneys Victor Otten of Torrance and Jason Davis of Mission Viejo were co-counsel for the plaintiffs.
Drilldown
Download the decision here (silvester.pdf, 466 KB)
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