SAF Wins Silvester Case On Waiting Periods In California
BELLEVUE, Wash., Aug. 25, 2014 /PRNewswire-USNewswire/ -- The Second Amendment Foundation today won a significant court victory in California in which the U.S. District Court for the Eastern District of California ruled that the Golden State's 10-day waiting period violates the Second Amendment "as applied to those individuals who successfully pass" the state's background check prior to the ten days, and who are in lawful possession of an additional firearm.
The ruling, by Senior Judge Anthony W. Ishii, a Bill Clinton appointee, also notes that the 10-day waiting period violates the Second Amendment for those individuals who pass the background check and who possess a valid CCW license. Joining SAF in the case was the Calguns Foundation and individual plaintiffs Brandon Combs and Jeff Silvester, for whom the case is named.
"This ruling clearly addressed the issue we put before the court," said SAF founder and Executive Vice President Alan Gottlieb. "We are naturally delighted with the outcome."
"This is a great win for Second Amendment civil rights and common sense," Silvester concurred. "I couldn't be happier with the outcome."
SAF General Counsel Miko Tempski added, "Basically, the waiting period doesn't make any sense when someone has already been cleared, has a concealed carry permit and already owns a gun."
In his ruling, Judge Ishii relied on other SAF cases including Moore v. Madigan, Ezell v. Chicago and McDonald v. Chicago. He specifically noted, "The Court emphasizes that it is expressing no opinion on the constitutionality of the 10-day waiting period in general or as applied to first time California firearms purchasers." Tempski said the court was not asked to broadly throw out the state's waiting period in every situation, "so we don't know if it would uphold waiting periods" as being constitutional.
"With this victory," Tempski said, "years of SAF and Calguns Foundation litigation are coming to fruition. We have built a solid foundation that allows us to successfully challenge irrational laws like this."
"California gun owners are not second-class citizens and the Second Amendment doesn't protect second class rights," said Combs, who is also CGF's executive director. "This decision is an important step towards restoring fundamental individual liberties in the Golden State."
Gottlieb said today's court ruling "once again underscores our mission to win firearms freedom, one lawsuit at a time."
The Second Amendment Foundation (www.saf.org) is the nation's oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 650,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control.
SOURCE Second Amendment Foundation