“It is hereby ordered that the 10-Day waiting periods of California Penal Code section 26815(a) and section 27540(a) violate the Second Amendment as applied to those individuals who successfully pass the standard BFEC/standard background check prior to 10 days and who are in lawful possession of an additional firearm as confirmed by the AFS system.” That’s the ruling just handed down by the US District Court for the Eastern District of California in Jeff Sylvester et al. v. Kamala Harris, a suit filed by Calguns and the Second Amendment Foundation. What’s more . . .
The ruling also extends to CCW license holders in the Golden State. Both of them. It’s a start, anyway. Exactly how someone who’s passed the specified background check is to demonstrate to the AFS system that he or she owns “an additional firearm” isn’t really clear.
The ruling notes that as in Illinois’ Moore v. Madigan ruling creating a right to carry in Illinois, the state asks the court for a 180-day delay in implementation. We’re not attorneys, but the phrase “The Court finds Moore’s approach to be appropriate” seems to indicate the state gets its stay to figure out how to implement the change. And challenge the ruling. In the mean time, congrats Calguns and SAF.
[h/t DrVino]