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 FoxNews.com. “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.