Monday, August 25, 2014

A Big Win In California


US District Court Judge Anthony W. Ishii just ruled today that 10-day waiting periods to pick up your firearm after purchase were unconstitutional as applied to certain individuals. The case, Silvester v. Harris, challenged the waiting periods for those who had passed a background check and who had either a California issued license to carry or hold a Cal-DOJ issued Certificate of Eligibility and possess at least one firearm known to the state.

Here is the release on the win from the CalGuns Foundation who was one of the plaintiffs in the case:
ROSEVILLE, CA (August 25, 2014) – California’s 10-day waiting period for gun purchases was ruled unconstitutional by a federal judge this morning in a significant victory for Second Amendment civil rights. The laws were challenged by California gun owners Jeffrey Silvester and Brandon Combs, as well as two gun rights groups, The Calguns Foundation and Second Amendment Foundation.

In the decision released this morning, Federal Eastern District of California Senior Judge Anthony W. Ishii, appointed to the bench by President Bill Clinton, found that “the 10-day waiting periods of Penal Code [sections 26815(a) and 27540(a)] violate the Second Amendment” as applied to members of certain classifications, like Silvester and Combs, and “burdens the Second Amendment rights of the Plaintiffs.”

“This is a great win for Second Amendment civil rights and common sense,” said Jeff Silvester, the named individual plaintiff. “I couldn’t be happier with how this case turned out.”

Under the court order, the California Department of Justice (DOJ) must change its systems to accommodate the unobstructed release of guns to gun 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.

“We are happy that Second Amendment rights are being acknowledged and protected by our courts,” said Donald Kilmer, lead attorney for the plaintiffs. “This case is one more example of how our judicial branch brings balance to government in order to insure our liberty. I am elated that we were able to successfully vindicate the rights of our clients.”

Attorneys Victor Otten of Torrance and Jason Davis of Mission Viejo were co-counsel for the plaintiffs.

“This ruling clearly addressed the issue we put before the court,” said SAF founder and Executive Vice President Alan Gottlieb. “We are naturally delighted with the outcome.”

“California gun owners are not second-class citizens and the Second Amendment doesn’t protect second class rights,” noted plaintiff Brandon Combs, also CGF’s executive director. “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,” concluded Combs. “We look forward to doing just that.”

The court’s decision can be read or downloaded at http://bit.ly/silvester-v-harris-decision.
This is great news for Californians. Brandon Combs, one of the plaintiffs, was just a guest on The Polite Society Podcast that aired yesterday.  We'll certainly have to have him back soon!

Sebastian has more on the win here.

9 comments:

  1. Kamela Feinstein, Choke on it! Ha Ha Ha

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  2. Great news for the six people who have California Concealed Carry Permits. Somewhat useless for the vast majority of Californians who can't get a permit because they are almost never issued.

    Basically what this means is that politically connected people like Dianne Feinstein can get a gun without waiting. Average Joe, not so much.

    And since the government of California is about to require you to have yet another license (SB 53 Ammunition) just to purchase ammo, not really much to celebrate.

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    Replies
    1. Um, people who have a CCW are only *ONE* category that the ruling affects. Anyone who also owns a firearm *and* gets a "Certificate of Eligibility" (i.e., passes the background check) is also exempted.

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    2. There are more than 60,000 current California carry licensees. So you might consider tempering your cynicism with a combination of reading the opinion and researching facts. Unless your standard for argumentation is Brady briefing.

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  3. Finally! One slow step in Kali... And I'm betting the AG will try to appeal it... Just like she did in the San Diego case...

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  4. One small step for free men...... Miles to go before I sleep.

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