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SACRAMENTO, Calif. (AP) A federal judge has overturned part of a California law requiring a 10-day waiting period for gun buyers, ruling that it does not apply to those who already own firearms.
U.S. District Judge Anthony Ishii of Fresno ruled late last week that "10-day waiting periods impermissibly violate the Second Amendment" for gun-buyers who already passed background checks or are authorized to carry concealed weapons.
"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," he said in his ruling.
Californians buying their first firearm will still have to undergo background checks and the 10-day waiting period under the judge's 56-page ruling, dated Friday.
full: http://bigstory.ap.org/article/california-wait-period-doesnt-apply-gun-owners
hack89
(39,171 posts)pipoman
(16,038 posts)Interesting ruling in line with the enactment of NICS, the waiting period was eliminated when instant check system was up and running. I think this question would be declined by SCOTUS.
Duckhunter935
(16,974 posts)I always was curious why you need to wait ten days if you already have a weapon. I guess the judge agrees.
X_Digger
(18,585 posts)http://jama.jamanetwork.com/article.aspx?articleid=192946