since9
Campaign Veteran
Silvester vs Harris: "10-day waiting periods of Penal Code violate the 2nd Amendment"
This issue kicked off three years ago, but has been brewing for decades. Interestingly, a whole slew of issues are before the courts these days, including whether or not and to what extent similar laws cross the line between "protecting the public" into infringing on the right to keep and bear arms.
"California Senior U.S. District Court Judge Anthony W. Ishii found that “10-day waiting periods of Penal Code violate the Second Amendment” as applied to people who fall into certain classifications. He found this arbitrary wait time “burdens the Second Amendment rights of the plaintiffs.” (The decision can be read here.) This court decision orders the California Department of Justice to allow the “unobstructed release” of guns to those who pass a background check and possess a California license to carry a handgun, or who hold a Department of Justice-issued Certificate of Eligibility and already possess at least one firearm known to the state. Basically, it says if someone already legally has a gun in California the state can’t make that person wait 10 days for a second gun just because it wants to." - Source: Forbes
This issue kicked off three years ago, but has been brewing for decades. Interestingly, a whole slew of issues are before the courts these days, including whether or not and to what extent similar laws cross the line between "protecting the public" into infringing on the right to keep and bear arms.
"California Senior U.S. District Court Judge Anthony W. Ishii found that “10-day waiting periods of Penal Code violate the Second Amendment” as applied to people who fall into certain classifications. He found this arbitrary wait time “burdens the Second Amendment rights of the plaintiffs.” (The decision can be read here.) This court decision orders the California Department of Justice to allow the “unobstructed release” of guns to those who pass a background check and possess a California license to carry a handgun, or who hold a Department of Justice-issued Certificate of Eligibility and already possess at least one firearm known to the state. Basically, it says if someone already legally has a gun in California the state can’t make that person wait 10 days for a second gun just because it wants to." - Source: Forbes
