10-Day Waiting Period Ruled Unconstitutional
At 10:30 a.m. on August 25, 2014, news started to trickle out about another major victory coming from the courts.
The news came from the Federal Eastern District Court based in Fresno, CA, that Senior Judge Anthony W. Ishii had issued his decision in the Silvester v. Harris case regarding the constitutionality of the 10-day waiting period law in California on the purchase of firearms. He found it to be largely in violation of the Second Amendment.
The case was brought by plaintiffs Jeff Silvester and Brandon Combs, President of CalFFL. For details on this case, see the attached release.
If anyone tells you that they know exactly what is going to happen from here, be a little bit skeptical. The court has given California 180 days to come up with a system that will pass constitutional scrutiny. You can bet that California Government will not try to make this easy. Will they comply? Will they appeal? Who knows, but we will be engaged in making sure that the court ruling is implemented properly.
Here is the short-and-sweet bottom line: Judge Ishii ruled that it is a violation of the Second Amendment to require folks who have already gone through a background check and have a gun registered to them, are CCW permit holders, or, folks with a Certificate of Eligibility, to have a 10-day waiting period imposed on them before they can receive their purchased guns…and…the state has 180 days to fix this. It does not apply to first time gun buyers. That’s it!
If Silvester v. Harris is appealed to the 9th Circuit Court of Appeals, which is a very strong probability, rest assured that Gun Owners of California will be supporting all legal efforts to uphold this victory.
For all of you naysayers, rest assured that there is a light at the end of the tunnel. As long as all of the organizations that are involved in restoring and protecting the Second Amendment in California continue to excel at the things they do best, whether it be in elections, lobbying the legislature, or being active in the courts, don’t lose hope! Continue to fight, we will win!
Gun Owners of California will be fighting as we have been for the past 39 years, with no compromise!
Congratulations to CalGuns Foundation, SAF, and Attorney Don Kilmer. Job well done.
Here is the link to the original press release by the Firearms Policy Coalition.