10-Day Waiting Period to Buy Gun May Be Unconstutional

District Court rules it is at least a burden on Second Amendment rights

The WPL [the Waiting Period Law] prohibits every person who purchases a firearm from taking possession of that firearm for a minimum of 10 days. That is, there is a period of at least 10 days in which California prohibits every person from exercising the right to keep and bear a firearm.

There can be no question that actual possession of a firearm is a necessary prerequisite to exercising the right keep and bear arms. Further, there has been no showing that the Second Amendment, as historically understood, did not apply for a period of time between the purchase/attempted purchase of a firearm and possession of the firearm.

Although [Attorney General] Harris argues that the WPL is a minor burden on the Second Amendment, Plaintiffs are correct that this is a tacit acknowledgment that a protected Second Amendment right is burdened. Therefore, the Court concludes that the WPL burdens the Second Amendment right to keep and bear arms.

Comments

[Sevo]

"Unconstutional"?
Oh, well.

[Suthenboy]

"10-Day Waiting Period to Buy Gun May Be Unconstutional"

Really?

*Furiously looking up the definition of 'infringed'*

[Ann N]

i think its pretty funny these guys mince words.

a background check to exercise a right violates any pretense of privacy, and by extension, that right in question. this is on par with requiring and licensing which words you can use in your vocabulary in the name of free speech.

imo the whole point of a right is that the govt cant prevent you from exercising it. disabling its power to prevent. putting checkpoints along the way makes it a pageant of asking permission.