First, the nation’s hottest looking Attorney General lost her effort to allow California to remain a “may issue” carry state.
Now, sweet looking (to some) Kamala Harris loses again: This time Cali’s 10-day waiting period to buy a gun was just struck down. The case was Jeff Sylvester et al. v. Kamala Harris.
The money quote:
V. Order
The Court has found that the 10-day waiting periods of Penal Code §26815(a) and §27540(a) violate the Second Amendment as applied to certain groups. Plaintiss urge the Court to follow the approach of Moore v. Madigan, 702 F.3d 933, 942 (7th Cir. 2012), in which the Seventh Circuit stayed its ruling for 180-days in order to give the Illinois legislature the opportunity to craft new laws in light the unconstitutionality of various Illinois firearm laws. The Court finds Moore’s approach to be appropriate.
Poor Kamala Harris.
She’s going to have to find another way to argue against Americans’ God-given civil rights if she doesn’t want to continue her string of losses when going up against the Second Amendment Foundation.
We’re wondering if Illinois’ 24-hour and 72-hour waiting periods may be next on the chopping block.
Did they rule ANY waiting period to be unconstitutional or was California’s just too long?
I think they ruled it unconstitutional if you already own a firearm, possess a CCW permit or a Certificate of Elgibility (CAs version of a FOID, I believe).
I agree. I just got a chance to read some of the documents. At first glance, the language in this decision implies waiting periods are unconstitutional if you have a FOID.
control ******* liberal democrat.
Will the Illinois State Rifle Assoc or the NRA now use this ruling in a court challenge to rid us Illinois gun owners of of our stupid waiting period.
Is Cali allowed to dream up another waiting period if applied differently ? we’ll know soon enough.
As far as Illinois it could very well be argued that with todays instant ability to check out every detail of a persons life via computer in seconds that there is no valid reason for anyone to have to wait days, when a gun shop calls you in they get the OK right then and there in most every case so the 24 or 72 hours just tick by for no reason. if something comes up or further checking is needed that’s different but why make everyone wait especially after they are approved ???.
That ” cool down ” period has always been BS. when you buy a new car do you have to wait to drive it because you may have bought it while you were drunk ???.
Bill:
It’s doubly insulting when I’m standing there with a damn pistol on my belt.
It’s just crap is what it is.
Like so much of what the rest of those damn alcoholic political hacks in springfield do when it comes to freedom and liberty.
Sam
The next logical step would be for Illinois waiting periods to go away (if you already have a FOID, you don’t need the waiting period.. right?)
Either that or get rid of FOID. (personally, I think it’d be a bigger win to get rid of FOID as redundant).
is what just happened in Baton Rouge.
Title 42 Section 1983 successfully used as a defense against criminal arrest.
More evidence that bowing down and making deals is the WRONG path, while standing FIRM in opposition is the correct path.