"Fresno federal judge: State's 10-day wait to buy firearms unconstitutional for some"

[krispos42]

Fresno federal judge: State's 10-day wait to buy firearms unconstitutional for some

By John Ellis, The Fresno Bee

August 25, 2014


A federal judge in Fresno on Monday ruled the state's 10-day waiting period for buying firearms is unconstitutional for those who've previously purchased weapons and cleared background checks.

U.S. District Court Judge Anthony W. Ishii issued the ruling after a March bench trial, as well as deposition testimony and numerous briefings that concluded at the end of June. Last December, he had denied a request by state Attorney General Kamala Harris to throw out the lawsuit. Harris, along with the California Department of Justice, were defendants in the suit.

<snip>

Ishii's 56-page ruling specifically states that "it is expressing no opinion on the constitutionality of the 10-day waiting period in general or as applied to first-time California firearms purchasers."

The suit contended that the state's 10-day waiting period violates the U.S. Constitution's 2nd and 14th amendments by requiring firearms buyers "who lawfully already have at least one firearm registered in their name" to continually go through the waiting period.

<more>

http://www.fresnobee.com/2014/08/25/4087156/fresno-federal-judge-rules-states.html?sp=/99/406/

Opinions? Wailing and gnashing of teeth? Blood in the streets?

[tularetom]

1. How does this apply to purchasing a firearm online? Or out of state?

Since a FFL in California can charge $50 to process an online sale, there's a lot of money to be made in doing background checks for online gun buyers.

OTOH there's going to be a lot of additional work involved in building a database of gun purchasers so that the 10-day waiting period can be waived.

I'm all for this and I hope it withstands the inevitable appeals, but it seems to me there are a lot of unanswered questions.

[SecularMotion]

2. Gunners are getting desperate when they call this ruling a big win

On the other hand, how do you feel about allowing children to handle assault weapons?

Girl accidentally kills gun instructor

DOLAN SPRINGS, Ariz. (AP) — A 9-year-old girl accidentally killed an Arizona shooting instructor as he was showing her how to use an automatic Uzi, authorities said Tuesday.

Charles Vacca, 39, of Lake Havasu City, died Monday shortly after being airlifted to University Medical Center in Las Vegas, Mohave County sheriff's officials said.

Vacca was standing next to the girl at the Last Stop outdoor shooting range in White Hills when she pulled the trigger and the recoil sent the gun over her head, investigators said.

Authorities said the girl was at the shooting range with her parents. Her name was not released.

http://bigstory.ap.org/article/instructor-accidentally-shot-girl-9-dies

[gejohnston]

3. it is a machine gun not an

"assault weapon". As for brilliants, this covers it:
http://www.thefirearmblog.com/blog/2014/08/27/fully-automatic-firearms-safety-tragedy-arizona/

[SecularMotion]

4. The fully automatic UZI is a machine gun, the semi-automatic is an assault weapon.

Under the California law, specifically the Roberti-Roos “Assault Weapon Control Act” of 1989 (AWCA) and accompanying regulations enacted in 2000, certain semiautomatic firearms were designated as “assault weapons” by their make and model. These make and model firearms must be listed in the “Assault Weapons Identification Guide” (AWIG) published by the California Department of Justice. If a named firearm was not registered by March 31, 1992, it is generally illegal to possess in California. Under the AWCA, it doesn’t matter what the gun looks like or how it functions.

All that matters is the make and model name, which is typically inscribed on the firearm itself.

The semi-automatic rifle and pistol “IMI Uzi” is listed in the AWIG, in Penal Code section 12276(a)(2) and (b)(1), and in the California Code of Regulations (11 C.C.R. 5495). So possession of an unregistered semi-automatic version of the “IMI Uzi”, no matter how configured (both rifle and pistol versions) has been a crime in California since 1989 (the fully automatic versions are regulated as “machine guns,” not “assault weapons”).

http://www.ammoland.com/2011/04/rename-your-uzi-and-now-your-legal/#axzz3BeDoHctO

[gejohnston]

5. New York law

a Walther GSP is also an "assault weapon", which is an example of why the term is absurd. The only thing that makes it an "assault weapon" is the location of the magazine well.

The Walther GSP is a popular choice for the various 25 m pistol shooting events governed by the ISSF (some contested at the Olympic games). The .22 LR variant was used for the 25 m Pistol (formerly "Sport Pistol&quot , 25 m Standard Pistol while the .32 caliber variant was used in the 25 m Center-Fire Pistol event.

It was an "assault weapon" under California until the Assembly listed specific high end target pistols as no longer being "assault weapons".
http://en.wikipedia.org/wiki/Walther_GSP

[friendly_iconoclast]

6. Nonetheless, it was a machine gun, not an "assault weapon" as you stated

But you knew that, didn't you?
Josh Sugarman would be *so* proud!:

http://www.vpc.org/studies/awaconc.htm

"The weapons' menacing looks, coupled with the public's confusion over fully automatic machine guns versus semi-automatic assault weapons—anything that looks like a machine gun is assumed to be a machine gun—can only increase the chance of public support for restrictions on these weapons."

[NYC_SKP]

12. If, in some counties, it's OK to marry your 15 year old neice, that doesn't make it OK.

Good Lord, you're really picking convenient data on this one.

Note to self, overturn stupid Roberti-Roos “Assault Weapon Control Act” of 1989.

Barring that, point out repeatedly that it is a local, not national, interpretation.

[krispos42]

7. Awww, feeling a little butt-hurt because a part of your culture war was shot down?

Part of your campaign to make gun ownership onerous and time- consuming went down the crapper. Oh, darn.

Speaking of the Uzi incident, it's pretty damn stupid to let a kid shoot a full-auto. The accident in Springfield, Massachusetts should make that plain to anybody with two working brain cells.

As for "assault weapons" (whatever the definition du jur is), I have no problem with kids shooting rifles with features that make holding the easier and safer, that shield from hot metal and bright flashes, and that feature quick-adjustable stocks so the gun can be sized to the user.

Only ignorant people would have a problem with those features and conflate them beyond reason.

Don't you agree?

[Duckhunter935]

14. Interesting

http://www.democraticunderground.com/1172152384#post1

ALERTER'S COMMENTS

Off topic, thread hijack prominently placed as the first reply.

The thread is about the NRA's response to the recient tragic incident with the 9 year old with an Uzzi, not some random story from state and another thread.



JURY RESULTS

You served on a randomly-selected Jury of DU members which reviewed this post. The review was completed at Thu Aug 28, 2014, 05:35 AM, and the Jury voted 4-3 to HIDE IT.

Juror #1 voted to HIDE IT
Explanation: No explanation given
Juror #2 voted to HIDE IT
Explanation: off topic
Juror #3 voted to LEAVE IT ALONE
Explanation: A feeble attempt to hijack a thread that was going nowhere in the first place. It's not even worth hiding.
Juror #4 voted to HIDE IT
Explanation: No explanation given
Juror #5 voted to LEAVE IT ALONE
Explanation: If we voted to hide all the off-topic first posts, half of DU would be hidden. You sir are an idiot, and need to grow a thicker skin.
Juror #6 voted to HIDE IT
Explanation: No explanation given
Juror #7 voted to LEAVE IT ALONE
Explanation: More coffee and less alert button.

[Eleanors38]

15. "No explanation given" = set-up.

[Duckhunter935]

8. Why don't you dicuss the OP

Why do you want to bring in something totally unrelated to this thread? Why would you want to "disrupt" this thread (one of your main complaints in threads in your protected "safe haven" group)? Why comment to disrupt this thread when you refuse to comment on most of the hundreds of posts made in this group when asked to?

I am glad the Federal Judge ruled that way. You just are sore as your side lost another court case. Yes, the tide is turning and it is in the direction of firearms owners.

So what do you think about the posted story. My guess is you will run away and not dare to make a comment.

[DonP]

9. He's already complaining to Skinner again in ata

The hosts in GD just don't understand how important his cut and pastes are. He wants Skinner to straighten them all out so they ignore the sop for him.

[Duckhunter935]

10. I saw that

Skinner has a thick skin, what's this the second or third time he has gone whining to the admins.

[IronGate]

11. I noticed Skinner refuses to further elaborate after his initial response. nt.

[Eleanors38]

16. Gun-control: Elites talking to elites. nt

[beevul]

18. "SOP alerts in the main forums would be better handled by random juries."

"SOP alerts in the main forums would be better handled by random juries."

http://www.democraticunderground.com/12596628#post2

Nothing like authority shopping, is there.

[IronGate]

20. He's very transparent in his desire for juries to handle SOP alerts in GD,

he well knows that most of the alerts would survive a jury in GD.

[NYC_SKP]

23. I'm proud of our hosts in these instances.

And yes, it's a passion for some to jury shop, try to push the limits of the system, whatever one might call it.

[SecularMotion]

24. Here's my new question for ATA

Why is NYC_SKP still on the host waiting list when he is not eligible to serve as host?

[NYC_SKP]

26. That is brilliant. I only hope that I remember to see how they answer.

I'm curious too but I worry that I'll forget to check back on it....

[clffrdjk]

17. Somebody is gunning for you.

AUTOMATED MESSAGE: Results of your Jury Service

On Thu Aug 28, 2014, 10:29 AM an alert was sent on the following post:

"Fresno federal judge: State's 10-day wait to buy firearms unconstitutional for some"
http://www.democraticunderground.com/1172152360

REASON FOR ALERT

This post is disruptive, hurtful, rude, insensitive, over-the-top, or otherwise inappropriate.

ALERTER'S COMMENTS

The OP is celebrating the grossly-unfair hide of a DU member who merely and without insult complained of using a Twitter source. The OP rarely comments on his google dumps, but chose in this occasion to post in the same language structure used in duckhunter's reasonable comments. This is grave-dancing, and against DU's rules.

You served on a randomly-selected Jury of DU members which reviewed this post. The review was completed at Thu Aug 28, 2014, 10:36 AM, and the Jury voted 1-6 to LEAVE IT.

Juror #1 voted to LEAVE IT ALONE
Explanation: No explanation given
Juror #2 voted to LEAVE IT ALONE
Explanation: No explanation given
Juror #3 voted to LEAVE IT ALONE
Explanation: Secmo that you? Bullshit alert
Juror #4 voted to HIDE IT
Explanation: No explanation given
Juror #5 voted to LEAVE IT ALONE
Explanation: No explanation given
Juror #6 voted to LEAVE IT ALONE
Explanation: No explanation given
Juror #7 voted to LEAVE IT ALONE
Explanation: No explanation given

Thank you very much for participating in our Jury system, and we hope you will be able to participate again in the future.

[krispos42]

19. I posted mine Wednesday night. Duckhunter posted his Thursday morning.

Last edited Fri Aug 29, 2014, 11:25 PM - Edit history (1)

Timestamps are all there.

What's sad is that one person is either not bright enough to read timestamps, or is so passionate that facts don't matter.

***edited to fix DuckHunter's name. Damn autocorrect on my phone!***

[DonP]

22. It's another concerted effort to get more of us PPR'd methinks

The grabbers have lost at least 3 in the past week. 1 permanently and 2 for an extended "vacation" and "that's just not fair" because we're right and the gun humpers are all right wing scum.

Castle Bansalot goes for days now with no posts and there are only a handful of the "activists" that even bother to post there, including the hosts, of which SecMo is one prime example. Ignoring his own forum to try and stir shit here with cut and paste from truly obscure blogs (Boise - really?).

Gun control has no real world support these days beyond Bloomberg's checkbook and Honest Shannon (GMO's are Really Good for your Kids) Watts".

I'm guessing they want to "get even" and get some regular gun posters banned as soon as they can. Wouldn't be the first time either.

[IronGate]

21. I'm pretty sure we all know who alerted on this thread.

I'm making an educated guess that it was our prolific google dumper who refuses to comment on threads he starts in this group.

[clffrdjk]

28. I do believe you are right.