California Ten-Day Waiting Period Ruled Unconstitutional.
After talking with a friend that works at a local gun store, I thought it
would be a good idea to write about this ruling. Since many people are
thinking, they can go to their local gun store, purchase a firearm and leave
with it the same day.
If I can't leave with the firearm the same day, what does this ruling mean?
Well, the judge ruled that Californias mandatory 10-day waiting period for
firearm purchases violates the Second Amendment as applied to individuals
who already possess at least one firearm that is registered to them in the
California Department of Justice (DOJ) Automated Firearms System (AFS), or
who possess a valid Carry Concealed Weapon (CCW) license. The ruling also
mentions holders of a valid Certificate of Eligibility (COE) but they would
still need a firearm registered in the AFS to be entitled to the exception.
And you ask. I have registered firearm(s) and I have either a CCW or a COE,
so why can't I cash and carry the same day?
In the ruling the court has giving the California legislature 180 days
(February 21, 2015) to adopt a new law addressing the constitutional
concerns. If the legislature choose to do so. That isn't going to happen
very fast, so watch for motions to ask for an extension. And of course the
state could appeal the ruling where it could be tied up for over a year.
Well, what If the ruling does becomes law, then what?
Emphasizes in this current ruling, the purchasers must still pass a DOJ
background check for each new firearm they seek to acquire. Not a NICS
background but a DOJs background check. This process may still legally
delay, in some cases more than 10 days.
According to the DOJ, only about 20% of background checks are automatically
approved. These auto-approvals can take anywhere from 1 minute to 2 hours,
but usually occur within 1 hour. The rest, approximately 80%, are not
auto-approved. In these cases, a delay of at least 1 day is generally
inevitable according to the DOJ.
Even if this ruling becomes law, there will still be specific circumstances
that will allow the DOJ to take up to 30 days to conduct a background check
and delay delivery. And I would guess these circumstance will become more
If you have any questions or comments, I would love to hear from you.
Dobbs Firearm Training
Firearm Discussion, Second Amendment, Law and Dobbs Firearm Training
California Ten-Day Waiting Period Ruled Unconstitutional.
U.S.District Court Judge Anthony W. Ishiion on August 25th, 2014 ruled that the California 10 day waiting period was unconstitutional for gun buyers who already have a firearm.
Senior U.S. District Judge Anthony Ishii in Fresno, California, wrote that the waiting period did not make sense for people who have a gun and passed a background check before the 10-day period was up. The ruling did not apply to first-time gun buyers.
"There is no evidence that a 'cooling off period,' such as that provided by the 10-day waiting period, prevents impulsive acts of violence by individuals who already possess a firearm," Ishii wrote.
A spokesman for California Attorney General Kamala Harris said the office is reviewing the ruling.
In a statement, lead plaintiff Jeff Silvester called the ruling "a great win for Second Amendment civil rights."
Two gun owners, along with two advocacy groups, sued over the California regulations in 2011, and a trial was held before Ishii earlier this year. Ishii put the ruling on hold for 180-days to give California officials an opportunity to craft new laws that address the constitutional issue.
The case in U.S. District Court, Eastern District of California is Jeff Silvester et al. vs. Kamala Harris et al., 11-2137.
We have many more fights to win, such as defeating the Handgun Roster. This suit was argued on December 17, 2013 and is currently pending decision. The lawsuit is called Peña v. Cid (now Peña v. Lindley) against the California Department of Justice.
Join the fight, if you can spare a few dollars donate to California organizations like the Calguns Foundation
The California State Assembly did not take up anti-gun Senate Bill 53 last week, so it is still awaiting its final vote. The next chance for SB 53 to be considered on the Assembly floor is TODAY, June 23, 2014. Its CRITICAL that you contact your state Assemblyman TODAY and urge him or her to OPPOSE this egregious legislation.
Dealers be Advised:
Please be advised that the exemption pursuant to Penal Code section 27535, subdivision (b)(9), only permits an individual to purchase more than one handgun every thirty days if that handgun is a curio and relic as defined under federal law.
Thus, if the handgun being purchased is not a curio and relic as defined under federal law, the individual who is licensed as a collector pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto, and has a current certificate of eligibility issued by the Department of Justice pursuant to Article 1 (commencing with Section 26700) of Chapter 2, is subject to the limitation as provided in Penal Code section 27535, subdivision (a).
Dealers shall not process any DROS transaction that violates this provision.
You can register for a class in multiple areas but they all have one thing in common. You must be logged in to the website.
This means you must be a register user. To accomplish this, find the New User Register link on the left, under the User Menu.
On the New User Register page there are two ways to register. One is to use the Facebook link, of course you need a Facebook account for this to work. The second way is to fill-out the new user registrations form on that page.
If you use the first method (Facebook) you are finished with registration and just need to be logged in.
If you fill-out the form, you will receive an email with an activation link. This email should arrive within 2 or 3 minutes. Check your spam or junk email folder. Depending on your email provider and other factors the activation link should be clickable. If it is, just click the link to activate your account....
In the case of Peruta v. San Diego, we have been waiting on this ruling since 2009.
California court affirms the right of law-abiding citizens to carry handguns for lawful protection in public.
As most will know, California has a process for applying for a permit to carry a handgun in public. And with a lot of people not even trying to get a permit because, either the fear of denial or thinking the process is flawed. The requirements for getting a permit includes safety training (up to 24 hours), background check, a "good cause", and with some counties requiring psychological evaluation.
The Peruta law suit only challenged the "good cause" portion. In many areas the “good cause” was being interpreted to mean that the applicant must be faced with a current and a specific threat that out weighed public safety. And without this element the applicant doesn't qualify to receive a permit.
The Ninth Circuit, in a 2-1 opinion written by Judge O’Scannlain, ruled that Peruta was entitled to Summary Judgement, because the “good cause” provision violates the Second Amendment....
I have been quite on the website of late. But then again I have been busier than normal too. For the past three months I have been traveling, a lot and glad to be home. Just in time for the rain.
We have gotten our course of training approved and I have been certified as an Illinois firearm instructor. Seems like that has taken forever. I'm sure the Illinois State Police are being slammed with questions and applications from both the public wanting permits and us instructors wanting to be certified.
In Illinois' latest update, they have allowed a few Illinois instructors to apply for permits so they could test their processes. The report is the system held up and they are ready for business with a plan to be fully operational in April 2014.
For us out of state applicants we still have to wait for our state to be certified as having similar firearm laws as Illinois. And how long will that take is anybodies guess. Of course in who's opinion is the states firearm laws similar?
To answer your question, what should I do next if I want an Illinois carry permit?...
But the wait is on!
Illinois will call their permit Concealed Carry License (CCL).
The Illinois State Police still have to finish two more steps;
1. Publish a list of certified firearms instructors. By law, we cannot accept registrations for the IL CCW course until this list comes out and we are on that list.
2. List the courses that they will accept towards the training requirement. We do know they are requiring 16 hours of firearm training....