A federal judge has deemed California’s 10-day waiting period for purchasing a firearm to be unconstitutional, ruling that it does not apply to existing gun owners.
According to the Associated Press, U.S. District Judge Anthony Ishii of Fresno said in his ruling that the “10-day waiting periods impermissibly violate the Second Amendment” for gun owners who have already passed background checks and are legally allowed to carry a concealed weapon.
“There is no evidence that a ‘cooling off period,’ such as that provided by the 10-day waiting period, prevents impulsive acts of violence by individuals who already possess a firearm. A waiting period for a newly purchased firearm will not deter an individual from committing impulsive acts of violence with a separate firearm that is already in his or her possession,” Ishii wrote in his ruling.
“The Second Amendment applies to ‘arms’ and its language does not limit its full protections to a single firearm,” Ishii added. “Some firearms are better suited for particular lawful purposes than others. Defendant has cited no authority that suggests that the Second Amendment only has application to a single firearm.”
As the AP reports, implementation of Ishii’s ruling has been delayed for six months so that the state can appeal or the California State Legislature can adopt new rules.
California citizens looking to purchase their first firearm are still required to pass background checks and undergo the 10-day waiting period.
“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,” said Miko Tempski, general counsel for the Second Amendment Foundation, according to the Washington Times.
Read more: http://abcnews.go.com
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