{"id":1518,"date":"2014-11-21T12:57:00","date_gmt":"2014-11-21T12:57:00","guid":{"rendered":"https:\/\/onlygunsandmoney.com\/2014\/11\/21\/sorry-kamala-no-stay-for-you\/"},"modified":"2019-08-16T18:24:45","modified_gmt":"2019-08-16T18:24:45","slug":"sorry-kamala-no-stay-for-you","status":"publish","type":"post","link":"https:\/\/onlygunsandmoney.com\/?p=1518","title":{"rendered":"Sorry Kamala, No Stay For You"},"content":{"rendered":"<div class='__iawmlf-post-loop-links' style='display:none;' data-iawmlf-post-links='[{&quot;id&quot;:11256,&quot;href&quot;:&quot;http:\\\/\\\/ia700803.us.archive.org\\\/13\\\/items\\\/gov.uscourts.caed.233362\\\/gov.uscourts.caed.233362.123.0.pdf&quot;,&quot;archived_href&quot;:&quot;&quot;,&quot;redirect_href&quot;:&quot;&quot;,&quot;checks&quot;:[],&quot;broken&quot;:false,&quot;last_checked&quot;:null,&quot;process&quot;:&quot;done&quot;},{&quot;id&quot;:11257,&quot;href&quot;:&quot;http:\\\/\\\/www.calgunsfoundation.org\\\/2014\\\/11\\\/federal-judge-rules-against-californias-bid-to-delay-end-of-gun-waiting-periods-for-some&quot;,&quot;archived_href&quot;:&quot;https:\\\/\\\/web-wp.archive.org\\\/web\\\/20150323091244\\\/https:\\\/\\\/www.calgunsfoundation.org\\\/2014\\\/11\\\/federal-judge-rules-against-californias-bid-to-delay-end-of-gun-waiting-periods-for-some\\\/&quot;,&quot;redirect_href&quot;:&quot;&quot;,&quot;checks&quot;:[{&quot;date&quot;:&quot;2026-04-19 03:15:00&quot;,&quot;http_code&quot;:404}],&quot;broken&quot;:false,&quot;last_checked&quot;:{&quot;date&quot;:&quot;2026-04-19 03:15:00&quot;,&quot;http_code&quot;:404},&quot;process&quot;:&quot;done&quot;},{&quot;id&quot;:11258,&quot;href&quot;:&quot;http:\\\/\\\/ia600803.us.archive.org\\\/13\\\/items\\\/gov.uscourts.caed.233362\\\/gov.uscourts.caed.233362.docket.html&quot;,&quot;archived_href&quot;:&quot;&quot;,&quot;redirect_href&quot;:&quot;http:\\\/\\\/ia601406.us.archive.org\\\/25\\\/items\\\/gov.uscourts.caed.233362\\\/gov.uscourts.caed.233362.docket.html&quot;,&quot;checks&quot;:[],&quot;broken&quot;:false,&quot;last_checked&quot;:null,&quot;process&quot;:&quot;done&quot;},{&quot;id&quot;:11259,&quot;href&quot;:&quot;http:\\\/\\\/www.calgunsfoundation.org\\\/2014\\\/03\\\/saf-cgf-score-ninth-circuit-victory-richards-carry-case&quot;,&quot;archived_href&quot;:&quot;&quot;,&quot;redirect_href&quot;:&quot;https:\\\/\\\/www.cagunrights.org\\\/2014\\\/03\\\/saf-cgf-score-ninth-circuit-victory-richards-carry-case&quot;,&quot;checks&quot;:[],&quot;broken&quot;:false,&quot;last_checked&quot;:null,&quot;process&quot;:&quot;done&quot;},{&quot;id&quot;:11260,&quot;href&quot;:&quot;http:\\\/\\\/www.calgunsfoundation.org\\\/2014\\\/11\\\/california-gun-dealers-move-to-strike-down-law-banning-handgun-ads&quot;,&quot;archived_href&quot;:&quot;&quot;,&quot;redirect_href&quot;:&quot;https:\\\/\\\/www.cagunrights.org\\\/2014\\\/11\\\/california-gun-dealers-move-to-strike-down-law-banning-handgun-ads&quot;,&quot;checks&quot;:[],&quot;broken&quot;:false,&quot;last_checked&quot;:null,&quot;process&quot;:&quot;done&quot;}]'><\/div>\n<p>\nCalifornia Attorney General Kamala Harris had sought a stay of Judge Anthony Ishii&#8217;s decision in <i>Sylvester v. Harris<\/i>. That was the case that challenged California&#8217;s 10-day waiting period as it applied to certain individuals. Her argument in a nutshell was &#8220;Hey, this is gonna cost us some bucks, we need to hire some folks to comply, I don&#8217;t see how we can comply within in a year, and you know we really have more important stuff to do.&#8221;<\/p>\n<p>Telling a judge you have more important stuff to do than to comply with his order really isn&#8217;t the smartest thing in the world to do as Kamala and her minions found out. <a href=\"http:\/\/ia700803.us.archive.org\/13\/items\/gov.uscourts.caed.233362\/gov.uscourts.caed.233362.123.0.pdf\" target=\"_blank\" rel=\"noopener\">Judge Ishii, said in his best judge-speak<\/a>, &#8220;dude, don&#8217;t give me that sh*@&#8221;.<\/p>\n<blockquote class=\"tr_bq\"><p>\n<i>The problem is that Defendant believes<br \/>\nthat other projects are deserving of greater priority. See id. There is no description of what these<br \/>\ncritical projects are or when the deadlines might be, nor is there an explanation of why outside<br \/>\ncontractors cannot be utilized for some of those projects, nor is there an explanation of why<br \/>\ncomputer personnel from different departments or agencies cannot be utilized. <b>A bench trial has<br \/>\nconcluded, and a law that is actively being enforced has been found to be unconstitutional. The<br \/>\nCourt does not know how Defendant or the BOF prioritizes projects, but dealing with an unconstitutional law should be towards the top of the list.<\/b><\/i><\/p><\/blockquote>\n<p>&nbsp;The bottom line is that Judge Ishii is not going to stay his decision nor is he going to give the California Department of Justice and its Bureau of Firearms more time than the 6 months he already gave them.<\/p>\n<p><a href=\"http:\/\/www.calgunsfoundation.org\/2014\/11\/federal-judge-rules-against-californias-bid-to-delay-end-of-gun-waiting-periods-for-some\/\" target=\"_blank\" rel=\"noopener\">More on the case from the CalGuns Foundation<\/a> below:<\/p>\n<blockquote class=\"tr_bq\"><p>\n<i>ROSEVILLE, CA \/ November 20, 2014 \u2013 California\u2019s laws requiring gun purchasers to wait at least ten days before taking possession of their lawfully-acquired firearms are one step closer to being history, reports The Calguns Foundation, a gun rights group headquartered in the Sacramento suburb of Roseville.<\/i><br \/>\n<i><br \/><\/i><br \/>\n<i>In a <a href=\"http:\/\/ia700803.us.archive.org\/13\/items\/gov.uscourts.caed.233362\/gov.uscourts.caed.233362.123.0.pdf\" target=\"_blank\" rel=\"noopener\">new order<\/a> released today, Federal District Court Judge Anthony W. Ishii rejected two requests made by California Attorney General Kamala Harris in the dispute, captioned <a href=\"http:\/\/ia600803.us.archive.org\/13\/items\/gov.uscourts.caed.233362\/gov.uscourts.caed.233362.docket.html\" target=\"_blank\" rel=\"noopener\">Silvester, et al. v. Harris<\/a>, that was filed in Fresno nearly three years ago.<\/i><br \/>\n<i><br \/><\/i><br \/>\n<i>\u201cDefendant [Harris] made various arguments to justify the waiting period, but the evidence did not actually support a 10-day waiting period,\u201d today\u2019s order noted. \u201cThe [state\u2019s] arguments were more in line with rational basis scrutiny\u201d\u2013 a weak form of judicial review that was expressly rejected in the U.S. Supreme Court\u2019s landmark District of Columbia v. Heller decision \u2013 \u201cthan with intermediate scrutiny,\u201d which forces governments to prove how a law impinging on a constitutional right serves an important purpose.<\/i><br \/>\n<i><br \/><\/i><br \/>\n<i>In the case of the waiting period laws, Attorney General Harris couldn\u2019t.<\/i><br \/>\n<i><br \/><\/i><br \/>\n<i>\u201cThe Court notes that Defendant has not identified any error of law or any erroneous factual finding,\u201d Judge Ishii explained in his denial of Harris\u2019 requests. \u201cThe Court stands by its analysis and its findings that the waiting period laws violate the Second Amendment\u201d as applied to the three classes of individuals that, plaintiffs successfully argued, shouldn\u2019t be subject to the laws.<\/i><br \/>\n<i><br \/><\/i><br \/>\n<i>Harris had moved for a modification of the original August court order \u2013 which gave the state Department of Justice six months to take whatever steps were necessary to bring the agency\u2019s policies in line with civil rights standards \u2013 to allow it a year to comply with the ruling, and also to delay the court\u2019s enforcement of the order entirely until the appeals process had concluded. Both motions were denied.<\/i><br \/>\n<i><br \/><\/i><br \/>\n<i>\u201cA bench trial has concluded, and a law that is actively being enforced has been found to be unconstitutional. The Court does not know how Defendant or the BOF prioritizes projects, but dealing with an unconstitutional law should be towards the top of the list.\u201d<\/i><br \/>\n<i><br \/><\/i><br \/>\n<i>\u201cWe\u2019re pleased that Judge Ishii saw right through the Attorney General\u2019s acrimonious delay tactics and properly denied her the opportunity to infringe our fundamental Second Amendment rights even more than she already has,\u201d said Brandon Combs, the executive director of The Calguns Foundation and a plaintiff in the case. \u201cToday\u2019s court order bodes well for justice and, especially, for law-abiding gun purchasers.\u201d<\/i><br \/>\n<i><br \/><\/i><br \/>\n<i>Harris, who has already filed a notice with the district court that she intends to take the loss to the Ninth Circuit Court of Appeals, will presumably argue against the court\u2019s holding that \u201cthe 10-day waiting period violate[s] the Second Amendment as applied to three classes of individuals,\u201d like those similarly situated to individual plaintiffs Jeff Silvester and Combs.<\/i><br \/>\n<i><br \/><\/i><br \/>\n<i>Notably, the waiting period requirement was first passed in the same 1923 legislative act as California\u2019s \u201cmay-issue\u201d concealed carry laws and a ban on the public display of handguns by gun dealers. Both of those regulations are currently being challenged in federal lawsuits backed by The Calguns Foundation and the Second Amendment Foundation, who are institutional plaintiffs in the Silvester case. The Ninth Circuit is currently considering Yolo County Sheriff Ed Prieto\u2019s request for rehearing of a <a href=\"http:\/\/www.calgunsfoundation.org\/2014\/03\/saf-cgf-score-ninth-circuit-victory-richards-carry-case\/\" target=\"_blank\" rel=\"noopener\">decision <\/a>that found his carry license policies violate the Second Amendment right to bear arms. Meanwhile, four gun dealers seeking to strike down the ban on commercial speech filed <a href=\"http:\/\/www.calgunsfoundation.org\/2014\/11\/california-gun-dealers-move-to-strike-down-law-banning-handgun-ads\/\" target=\"_blank\" rel=\"noopener\">a motion for preliminary injunction<\/a> in Sacramento\u2019s federal district court on Monday, arguing the handgun display ban violates the First Amendment.<\/i><\/p><\/blockquote>\n<div style=\"margin-top: 0px; margin-bottom: 0px;\" class=\"sharethis-inline-share-buttons\" ><\/div>","protected":false},"excerpt":{"rendered":"<p>California Attorney General Kamala Harris had sought a stay of Judge Anthony Ishii&#8217;s decision in Sylvester v. Harris. That&hellip;<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"iawp_total_views":1,"footnotes":""},"categories":[1],"tags":[2434,767,2409],"class_list":["post-1518","post","type-post","status-publish","format-standard","hentry","category-uncategorized","tag-judge-anthony-ishii","tag-kamala-harris","tag-sylvester-et-al-v-harrs-et-al"],"_links":{"self":[{"href":"https:\/\/onlygunsandmoney.com\/index.php?rest_route=\/wp\/v2\/posts\/1518","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/onlygunsandmoney.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/onlygunsandmoney.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/onlygunsandmoney.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/onlygunsandmoney.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=1518"}],"version-history":[{"count":1,"href":"https:\/\/onlygunsandmoney.com\/index.php?rest_route=\/wp\/v2\/posts\/1518\/revisions"}],"predecessor-version":[{"id":10079,"href":"https:\/\/onlygunsandmoney.com\/index.php?rest_route=\/wp\/v2\/posts\/1518\/revisions\/10079"}],"wp:attachment":[{"href":"https:\/\/onlygunsandmoney.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=1518"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/onlygunsandmoney.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=1518"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/onlygunsandmoney.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=1518"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}