by Senior Federal District Court Judge Anthony W. Ishii denied Attorney General Kamala Harris’ Motion for Summary Judgment today and indicated that California’s 10-day waiting period probably is unconstitutional when viewed under either intermediate or strict scrutiny.
The CalGuns Foundation which along with the Second Amendment Foundation brought the case
challenging the 10-day waiting period is extremely pleased by this development as noted in their press release below.
I’ll have more after I’ve had to read the ruling. Sebastian at Shall Not Be Issued has some comments on the case here. Likewise, Professor Eugene Volokh has his analysis of the decision here.
From CalGuns:
Federal Judge Says California Attorney General Kamala Harris Wrong on Gun Control Laws
Court denies Harris’ arguments and agrees with gun rights group The Calguns Foundation, says state’s firearm waiting period laws fail to meet Constitutional muster
ROSEVILLE, CA — In a rejection of California Attorney General Kamala Harris’ stance on the rights of law-abiding gun owners, Senior Federal District Court Judge Anthony W. Ishii denied Harris’ motion for summary judgement today in a federal civil rights lawsuit filed by The Calguns Foundation, indicating that California’s 10-day “waiting period” gun laws are likely unconstitutional.
“The fact that a federal judge saw these laws for what they are — baseless restraints on the exercise of a fundamental civil right — is monumental,” explained Gene Hoffman, Chairman of The Calguns Foundation. “California’s waiting period laws for those who own guns is not Constitutional and this order really underlines the point.”
In his order, Judge Ishii said that Harris has “not presented sufficient evidence to show that the [10-day waiting period laws] passes either intermediate or strict scrutiny.”
About the laws being challenged in the case, named plaintiff Jeff Silvester of Hanford, California, said, “I have a license to carry a loaded firearm across the State.It is ridiculous that I have to wait another 10 days to pick up a new firearm when I’m standing there in the gun store lawfully carrying one the whole time.”
“This is certainly an exciting development in Second Amendment case law,” noted Brandon Combs, an individual plaintiff in the case and the Executive Director of The Calguns Foundation. “If our Constitution means what it says, then California’s gun waiting period laws have to be overturned and law-abiding people must be allowed to exercise their rights without irrational infringements.”
Regardless of the final decision at the district court, the case is virtually certain to end up at the Ninth Circuit Court of Appeals, and possibly even the United States Supreme Court.
“Cases like this one will define the limits of government regulations on firearms and Second Amendment rights,” said Combs. “We look forward to making sure laws like California’s waiting period are properly scrutinized by the courts.”
Judge Ishii was appointed to the Federal District Court for the Eastern District of California by President Bill Clinton in 1997.
A full copy of the Court’s December 9, 2013, order may be viewed at http://www.calgunsfoundation.org/?p=1683.
The press release announcing the lawsuit and case docket may be viewed at http://www.calgunsfoundation.org/?p=1024.
UPDATE: Here is the correct link to the Court’s Dec. 9th order denying the motion for summary judgment.