Gavin Newsom
California Gov. Gavin Newsom (AP Photo/Rich Pedroncelli)
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The Bruen gun control law demolition express rolls on. The latest target: the Golden State’s egregious ten-day waiting period on all gun purchased, a clear constitutional violation with no analogue in the text, history or tradition of gun regulation in the United States.

Here’s the latest from the Second Amendment Foundation . . .

The Second Amendment Foundation today filed a federal lawsuit in California challenging the state’s 10-day waiting period for firearm purchases on Second Amendment grounds.

The lawsuit was filed in U.S. District Court for the Southern District of California. SAF is joined by the North County Shooting Center, San Diego County Gun Owners PAC, California Gun Rights Foundation, Firearms Policy Coalition, PWGG LLP, John Phillips, Alisha Curtin, Dakota Adelphia, Michael Schwartz, Darin Prince and Claire Richards. They are represented by attorneys Bradley A. Benbrook and Stephen M. Duvernay at Benbrook Law Group in Sacramento. Defendants are Attorney General Rob Bonta and Allison Mendoza, director of the California Department of Justice, Bureau of Firearms, in their official capacities. The case is known as Richards v. Bonta.

“A right delayed is a right denied,” said SAF founder and Executive Vice President Alan M. Gottlieb. “There is nothing in the Second Amendment about waiting more than a week in order to exercise the right to keep and bear arms. California’s waiting period relegates the Second Amendment to the status of a government-regulated privilege, in direct conflict to the U.S. Supreme Court, which declared in its 2008 Heller ruling that the Second Amendment is not a second-class right, subject to an entirely different body of rules than the other Bill of Rights guarantees.”

SAF Executive Director Adam Kraut noted the Golden State’s waiting period restriction “isn’t analogous to any constitutionally relevant history and tradition of regulating firearms.”

“Where this really gets silly,” observed Kraut, who is a practicing attorney, “is when the waiting period restriction even applies to a gun buyer who already owns other firearms. Not to mention, those who are looking to acquire a firearm for protection immediately do not have the luxury of waiting ten days. Long story short, the state’s ten-day waiting period must be declared unconstitutional and enjoined, which is the purpose of our lawsuit. We’re asking the court for injunctive and declaratory relief.”

“There’s a Fourteenth Amendment aspect to this case,” Gottlieb added. “The state broadly discriminates against average citizens by allowing exemptions to nearly two-dozen categories of favored individuals who can take possession of firearms without having to endure the delay, which violates the Equal Protection clause. We’re hoping to bring this practice to an end.” 

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  1. For all of us who love to hate on the NRA, they DO serve a valuable purpose. while the Dem’s are crying about them, SAF and FPC, along with others, are blasting lawsuits left and right.

    • RE: “SAF Executive Director Adam Kraut noted the Golden State’s waiting period restriction “isn’t analogous to any constitutionally relevant history and tradition of regulating firearms.”

      As I see it…To spin Regulated Militia into “tradition of regulating firearms” is a sneaky way to include and not exclude what is Gun Control. And since History Confirms Gun Control is Rooted in racism and genocide there is nothing whatsoever constitutionally analogous about Gun Control, the slave trade, Jim Crow. etc.

      Because Gun Control has a chiseled History of regulating human beings in the most grotesque manners imaginable Gun Control should be regulated down a toilet.

      • TL; DR. Can I take up a collection to buy you a soapbox you can put up in your town square???

        Talk about a broken record!!!

        • Oh, fake dacian, you enjoy Debbie’s endless, repetitive, poorly-written rants? Enjoy them in peace, I am getting tired of them.

    • Ryno, Hate the NRA all you want, but if it were not for the NRA there would be no Heller, McDonald nor Bruen decisions.

  2. I live in CA. I’ve bought numerous guns legally here. Why am I required to wait 10 days when the doj knows that I already have a bunch of guns?

    Nothing about gun control makes any sense at all. None.

    • you might find that super dangerous fully semi automatic with a bump stock though, and we all know as soon as people find them they turn into murderous criminals. It only takes one day after the purchase for it to spread through your body. Definitely a good idea to have a waiting period from those fully semi auto weapons of war… something something “well regulated” something something “nobody needs them”.

    • Everyone knows mass shootings are always perpetrated using the newest gun you purchased. Duh!

  3. Good luck. If we assume the waiting period is to reduce suicides, then it sweeps too broadly as to anyone who owns firearms, and more critically, as to anyone who is being threatened with harm; a restraining order is only as bullet proof as the paper it is printed on. Even if the trial court finds it to be unconstitutional, we expect the Ninth to find some devious way to uphold the restriction. It is truly egregious that cases such as this, including a number of others currently pending in trial courts around the State, will have to seek a remedy from the Supreme Court. Hopefully the Ninth will surprise me, though the odds are very long.

    • “Even if the trial court finds it to be unconstitutional, we expect the Ninth to find some devious way to uphold the restriction.”

      Hopefully, as our victories mount, it won’t take the SCotUS to react and these restrictions will get slapped-down faster and faster in the lower courts.

      It took time for things to get this way, and time to correct the situation…

    • The odds with the 9th are pretty close to 50:50 actually. Odd to say that, but the 9th is not the 9th Circus of old. We got quite a few good judges appointed between Trump’s nominees and McConnel killing the “blue slip”. So, at this point, the odds of drawing 2 of three decent judges is actually about a coin flip.

      En Banc is another matter, as the 9th has it’s own rules, and the Chief can always be part of the panel, which tips the odds strongly leftie.

      • But only if one meets the strict criteria for killing oneself. Not just anybody can off themselves by any old means at hand.

    • Why would any person with a modicum of intelligence think that a waiting period to take possession of a firearm would be the cause of suicide if the purchaser was already on record with owning several dozen firearms. I want to do myself in. Let’s see, should I use the 45-70 Marlin? Naw, wouldn’t leave enough of my head for identification purposes. Well then, how about the 5.56? Naw, too small, might just bounce off my thick skull. Hmm, decisions, decisions. How about Grandpa’s old .30-30? Naw, I would hate to see Grandpa’s treasured hunting rifle locked up in that shithouse that passes for an evidence locker at the sheriff’s office. Oh to hell with it. I’ll just go out in the garage and turn the car on.

  4. They’d have a better chance of overturning Colorado’s newly passed 3 day waiting period since it’s in the more rational 10th Circuit. Perhaps their goal is to create a split by having the 9th uphold it and the 10th overturn it, which would encourage the Supreme Court to rule on it.

    • Why in the world wold I want to stay up to date on what is happening in the motion picture industry? The last of my rentals from Netflix were Japanese movies and the last motion picture I saw in a theater was My Big Fat Greek Wedding because I was visiting my daughter and she wanted to see it. I am sorry, but as far as I am concerned, what you are doing is an incredible waste of effort and money. If Hollywood and all its denizens vanished from the face of the earth tomorrow I wouldn’t miss one.

  5. I vividly remember the Brady Bunch touting their interview with Hinckley after his attempted assassination on Reagan. The Brady’s asked Hinckley if a Waiting Period would have prevented his crime, to which he replied “Yes, it would have stopped me.”
    The hilarious part is they were interviewing a man the court had deemed Incompetent to stand trial, but the real kick in the Brady’s Arse, was when it was discovered Hinckley purchased his gun THREE MONTHS before his attempt.
    Not only were they trying to claim Waiting Periods would prevent crimes, they based their platform on the ramblings of a man deemed criminally insane.
    Never laughed so hard in my life.

  6. Waiting period? You mean like the year it took to get my super, secret, movie quiet suppressor?
    Oh Oh. Now I have.. to..runtowardsagunfreemallsince allmyinanimateobjectshave..seized… my.. mind….aaaaaaaaa

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