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9th Circuit Appeals Court Reinstates California 10 Day Waiting Period
add this member to your buddy list   send a PM to this member   Posted December 14th, 2016 02:54 pm

dc dalton

Posts: 701

The Ninth Circuit Court of Appeals issued an opinion on Wednesday to uphold a California law that requires a full 10-day 'cooling off' period for all lawful purchases of firearms, even for purchasers who have previously bought guns and passed background checks in less than 10 days.

U.S. District Court Judge Anthony Ishi struck down a portion of the law in 2014 after it was challenged by a pair of California residents and two non-profit Second Amendment advocacy groups, the Calguns Foundation, Inc. and the Second Amendment Foundation, Inc. In his ruling, Judge Ishi determined the '10-day waiting periods impermissibly violate the Second Amendment' for gun purchasers who previously passed background checks or had permits to carrying concealed weapons.

At the heart of the plaintiffs' challenge to the law is the claim that they have a right to possession of the firearm as soon as the required background check is completed.  In other words, they are essentially saying there is no need to wait 10-days to take possession of the gun if the background check is completed beforehand.

The State of California appealed the ruling and a three-judge panel from the Ninth Circuit heard oral argument on the matter earlier this year.  Nearly ten months later, the Ninth Circuit handed down its opinion on Wednesday, overturning Judge Ishi's ruling and reinstating the 10-day 'cooling off' period for all gun purchasers in the state.


9th Circuit Appeals Court Reinstates California 10 Day Waiting Period