California fights fed court ruling against 10-day wait period for vetted gun owners

by Hollie McKay  |  published on February 18, 2016

California gun owners who have already passed background checks should not have to endure a 10-day waiting period every time they buy another firearm, according to Second Amendment advocates who are fighting the state in federal court for a second time in two years.

Blanket application of the Golden State’s longstanding waiting period was ruled unconstitutional by a federal judge in August 2014, but Attorney General Kamala Harris has kept it in place while the state appeals the ruling. At issue in Silvester v. Harris, argued last week before the 9th Circuit Court of Appeals in San Francisco, is whether applying the waiting period to already-vetted gun owners serves a valid purpose.

“There is no government public safety interest in a waiting period if you already own a gun and have gone through a background check,” Alan Gottlieb, founder of the Second Amendment Foundation, told “This is clearly only about a right delayed being a right denied.”

Gottlieb’s group and The Calguns Foundation filed the original suit in 2011 on behalf of gun owners Brandon Combs, who is Calguns’ executive director, and lead plaintiff Jeffrey Silvester.

Californians who have passed background checks and who have been issued a state Certificate of Eligibility or a California License to Carry are being deprived of their Second and Fourteenth Amendment rights in being made to wait for each new purchase, according to the lawsuit.

  • pete G

    Hey Obama we’re not stupid in California we know you and Brown are working together to get your gun control BS started. It’s not happening here because we know that crime will escalate and even double the minute you take our weapons. Anyone voting for that should just remove the blade from their Gillette razor and cut their damn wrist with it.

  • pete G

    Tell Governor Brown to find something to do besides intimidate California citizens. Get off our backs you liberal jackass. You may be the only homosexual to ever get married just to hide it, you illegal loving POS. there i said it.

  • Too big and heavy

    Caliretardation… DOES EXIST…!!!

  • Cory Schober

    Clinton killed a justice to put in a libterd Obama following in footsteps of the demoncrats who have infested the white house

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