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UNCONSTITUTIONAL: Federal Judge strikes down California's 10-day waiting period


In a monumental decision, a federal judge has struck down the 10-day waiting period to purchase firearms in California.

Challenged by gun owners Jeffrey Silverster and Brandon Combs with the support of The CalGuns Foundation and the Second Amendment Foundation, the laws were struck down by Federal Eastern District of California Senior Judge Anthony W. Ishii, a Clinton era appointee. 

In the ruling, Ishii found that "the 10-day waiting periods of Penal Code [sections 26815(a) and 27540(a)] violate the Second Amendment" and that it further "burdens the Second Amendment rights of the Plaintiffs."

Under Ishii's order, the California Department of Justice (DOJ) is required to change its systems to accommodate same day purchases of firearms for buyers who pass a background check and possess a California license to carry a handgun, or who hold a "Certificate of Eligibility" issued by the DOJ and already possess at least one firearm known to the state.

Second Amendment Foundation founder and trailblazer for gun rights Alan Gotleib said,

"This ruling clearly addressed the issue we put before the court. We are naturally delighted with the outcome.

Fellow plaintiff Brandon Combs, Executive Director of The CalGuns Foundation said,

"California gun owners are not second-class citizens and the Second Amendment doesn’t protect second class rights. This decision is an important step towards restoring fundamental individual liberties in the Golden State.

This victory provides a strong foundation from which other irrational and unconstitutional gun control laws will be challenged. We look forward to doing just that."