U.S. District Judge Anthony W. Ishii ruled California’s 10-day waiting period on firearm purchases was unconstitutional on Monday.
The ruling was the result of Sylvester v. Harris, a case in which Plaintiffs Brandon Combs and Jeff Sylvester filed suit against CA state Attorney General Kamala Harris regarding the 10-day wait period.
In California, even after a gun purchaser passes a background check, he or she has to wait 10 days before they can pick up their firearm. Ishii ruled that it is unconstitutional to hold the firearm — to keep it from its owner — once he or she has passed a background check.
10-day waiting periods impermissibly violate the Second Amendment as applied to those persons who already lawfully possess a firearm as confirmed by the AFS (Automated Firearms System], to those who possess a valid CCW [Concealed Carry Weapon] license, and to those who possess both a COE [Certificate of Eligibility] and a firearm as confirmed by the AFS system, if the background check on these individuals is completed and approved prior to the expiration of 10 days.
As the ruling indicates, the scope of Ishii’s decision is limited to those who have already passed background checks for firearms purchases, CCWs, COEs, etc. His ruling is not applicable to first-time gun purchasers.
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