California Federal Judge Rules 10-Day Waiting Period for Gun Owners Unconstitutional

On Monday, Federal Judge Anthony W. Ishii, from the Eastern District of California, ruled that a law requiring a 10-day waiting period for gun purchases by users who have already passed background checks, and have permits of eligibility, was unconstitutional.

According to Fox News, Ishii said that the waiting period provision “violates the Second Amendment rights of those who have already been approved to own a gun.”

Regarding first-time gun buyers, the Fresno Bee reported that Ishii’s 56-page ruling states 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.

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,” Ishii said.

General counsel for the Second Amendment Foundation, Mike Tempski, released a statement saying, “Basically, the waiting period doesn’t make any sense when someone has already been cleared, has a concealed carry permit and already owns a gun.”

One gun owner who was a plaintiff in the case, Jeff Silvester, said that he couldn’t be happier with the way the case turned out. “This is a great win for Second Amendment civil rights and common sense,” said Silvester.

As an individual plaintiff I was ecstatic,” said Brandon Combs, the executive director of the Calguns Foundation.

California gun owners are not second-class citizens and the Second Amendment doesn’t protect second class rights,” said Combs, who went on to say that, “This decision is an important step towards restoring fundamental individual liberties in the Golden State.

According to the Sacramento Bee, the lead attorney for the plaintiffs, Donald Kilmer, said he was happy that Second Amendment rights were being “acknowledged and protected” by the courts.

This case is one more example of how our judicial branch brings balance to government in order to insure our liberty,” said Kilmer.