Judge Strikes Down CA Firearm Waiting Period

[Ben]

The fireworks from this should be interesting. I try to keep up on the goings on here, but hadn't even heard this was in the court system. I'll have to read up on exactly what it says, but it appears that if you've purchased a firearm previously, and have a CCW or one of our stupid eligibility cards (easy to get), you can be like the rest of the country and walk out of the store with your gun. People who have never purchased a firearm before evidently have to still do the 10 day thing.

I think I hear Kamala Harris screaming.

http://www.foxnews.com/politics/2014/08/25/federal-judge-strikes-down-california-gun-purchase-waiting-period-in-some-cases/

[230RN]

Eastern District of California Judge Anthony W. Ishii said Monday that the waiting period provision violates the Second Amendment rights of those who have already been approved to own a gun. This includes those who have previously undergone a background check and own a gun, people with concealed-carry permits and people who have a state certificate of eligibility to own a gun.

First-time gun buyers would still be subject to the waiting period, which Ishii emphasized in his ruling.

“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,” he said.

At least he left the door open for the other second-class citizens to sue for their fundamental civil rights under the Constitution.

Any word as to whether CA is going to play the en Banc card?

[Phantom Warrior]

At least he left the door open for the other second-class citizens to sue for their fundamental civil rights under the Constitution.

Any word as to whether CA is going to play the en Banc card?

Unless I'm misunderstanding your question an en banc rehearing doesn't even come into play until after a three-judge panel of the appropriate Court of Appeals (here, the 9th Circuit) hears the case.  Even then it is the judges' discretion to rehear the case en banc, not something a party can demand.

[230RN]

^ You're right.  I even had the statement "If I understand that process clearly" in there but deleted it.  Clearly, I didn't understand it clearly.  

Thanks for the correction.

Terry

[fifth_column]

The fireworks from this should be interesting. I try to keep up on the goings on here, but hadn't even heard this was in the court system. I'll have to read up on exactly what it says, but it appears that if you've purchased a firearm previously, and have a CCW or one of our stupid eligibility cards (easy to get), you can be like the rest of the country and walk out of the store with your gun. People who have never purchased a firearm before evidently have to still do the 10 day thing.

I think I hear Kamala Harris screaming.

Not quite the rest of the country.  Wisconsin has a waiting period for handguns.  I'd certainly like to see that done away with.  No waiting on long guns though.

[Tallpine]

state certificate of eligibility to own a gun

That is scary right there 

How about a "state certificate of eligibility to attend church" ? 

[Ben]

That is scary right there 

How about a "state certificate of eligibility to attend church" ? 

It's different than that. It's for people like gun dealers and collectors, including C&R. You don't need one to go to a gun store and buy a gun.

[Angel Eyes]

It's different than that. It's for people like gun dealers and collectors, including C&R. You don't need one to go to a gun store and buy a gun.

If you want to buy a handgun, you have to have a Handgun Safety Certificate:  http://oag.ca.gov/firearms/hscinfo

Not difficult to get, but it is another bureaucratic hoop to jump through.

There is talk of requiring a certificate to purchase long guns, but I don't believe that has happened yet.

[Ben]

If you want to buy a handgun, you have to have a Handgun Safety Certificate:  http://oag.ca.gov/firearms/hscinfo

Not difficult to get, but it is another bureaucratic hoop to jump through.

There is talk of requiring a certificate to purchase long guns, but I don't believe that has happened yet.

Yeah, I had to get the "safety certificate" when I bought my last handgun a few years ago. It's super simple and an untrained chimp could pass it, but you're right, it IS another bureaucratic hurdle, and if I remember right, I had to pay to get it, so it's more money to the state for anti-gun stuff.

I read up on this current ruling a bit more at CalGuns, and what I get out of it is that there are three ways to bypass the waiting period.

1) CCW permit
2) Already have purchased a gun that is in the database.
3) Cert of Eligibility AND have purchased a gun already in the database.

Which makes me wonder why #3 is even in there if you can't bypass with COE without already having a gun in the system.

[Angel Eyes]

I read up on this current ruling a bit more at CalGuns, and what I get out of it is that there are three ways to bypass the waiting period.

1) CCW permit
2) Already have purchased a gun that is in the database.
3) Cert of Eligibility AND have purchased a gun already in the database.

Which makes me wonder why #3 is even in there if you can't bypass with COE without already having a gun in the system.

Interesting.  From what I read on it (not a lot, admittedly), no. 2 did not appear to be an option.  If it is, great.

[Ben]

Interesting.  From what I read on it (not a lot, admittedly), no. 2 did not appear to be an option.  If it is, great.

That was a highlight from the FAQ on Calguns. The thread on it is incredibly long and I haven't taken the time to read through the whole thing to figure out exactly what's going on.

[Scout26]

Which should have the Anti's here in Illinois crapping their pants.  It already takes 60-90+ days to get a FOID card.  (Which consists of a background check etc.)  We have a 24 hours wait period for long guns and 72 hours wait period for Handguns.   Plus Illinois already maintains an Illegal database of gun purchases, so anyone with a previously purchased gun or a FOID card would qualify.

I bet a suit is filed here by the ISRA or Illinois Carry within the foreseeable future....

[Ben]

I bet a suit is filed here by the ISRA or Illinois Carry within the foreseeable future....

The judge gave a 180 day stay on the order so that the state could prepare for it, so there may be some monkey business from the .gov in the meantime. Hopefully they won't have a leg to stand on though.

Unfortunately, by the time this goes into effect, half the handguns currently sold in CA won't be available to us anymore because manufacturers are not playing the state's microstamping game (and I support the manufacturers in that). A ton more pistols fall of the CA DOJ "safe handgun roster" this month, with many  more to follow before the end of the year. Of course there is a suit in progress regarding that as well, and I think there's a good chance we'll win that one.

[Phantom Warrior]

Which should have the Anti's here in Illinois crapping their pants.  It already takes 60-90+ days to get a FOID card.  (Which consists of a background check etc.)  We have a 24 hours wait period for long guns and 72 hours wait period for Handguns.   Plus Illinois already maintains an Illegal database of gun purchases, so anyone with a previously purchased gun or a FOID card would qualify.

I bet a suit is filed here by the ISRA or Illinois Carry within the foreseeable future....

Not to play the legal eagle again, but IL is in the 7th Circuit.  CA is in the 9th.  Decisions by the Courts of Appeals are persuasive in other circuits but not binding.  Until SCOTUS rules on the issues 7th Circuit can do what they want.

On the other hand, 7th Circuit led by Judge Posner did strike down the IL no carry law.  Who knows what will happen.

[230RN]

Y' suppose maybe some Judges have learned how to read English?

[sanglant]

Y' suppose maybe some Judges have learned how to read English?

am I having a stroke, or is 230RN typing in French?

[Regolith]

am I having a stroke, or is 230RN typing in French?

Je pense que peut-être vous êtes victime d'un accident vasculaire cérébral.

[Sawdust]

If you want to buy a handgun, you have to have a Handgun Safety Certificate:  http://oag.ca.gov/firearms/hscinfo

Not difficult to get, but it is another bureaucratic hoop to jump through.

There is talk of requiring a certificate to purchase long guns, but I don't believe that has happened yet.

Not if you have a CCW. 

Sawdust