California Pro-Gunners Win A Big One
It's not often that good news - very good news - comes out of California, especially if you're one of the embattled Second Amendment supporters there. But there's good news today after a federal court judge upheld a challenge to the state's 10-day waiting period for gun purchases brought by California gun owners Jeffrey Silvester and Brandon Combs, along with the Calguns Foundation and the Second Amendment Foundation.
In a decision released [Monday], California Senior Judge Anthony W. Ishii (a Clinton appointee) found that the "10-day waiting periods of Penal Code [Sections 2861(a) and Sections 27540 (a)] violate the Second Amendment" as applied to members of certain classifications, like Silvester and Combs, and "burdens the Second Amendment rights of the plaintiffs".
Jeff Silvester called the decision "a great win for the Second Amendment civil rights and common sense," adding, he "couldn't be happier with how this case turned out."
The court order mandates the California Department of Justice (DOJ) must change its systems to accommodate the "unobstructed release" of guns to gun buyers who pass a background check and possess a California license to carry a handgun, or who hold a Department of Justice-issued Certificate of Eligibility and already possess at least one firearm known to the state.
Lead plaintiff attorney Donald Kilmer expressed his happiness for the protection of the Second Amendment and acknowledgement of that right by the court, calling the case "one more example of how our judicial branch brings balance to government in order to insure our liberty."
Combs, who is also director of the executive director of the Calguns Foundation, says the decision by Senior Judge Ishii proves "California gun owners are not second-class citizens and the Second Amendment isn't a second-class right."
Combs says the decision is a valuable step in "restoring fundamental individual liberties in the Golden State."
He says the decision lays the strong foundation from which "other irrational and unconstitutional gun control laws" will be challenged. And, he says, "We look forward to doing just that."
Alan Gottlieb, Second Amendment Foundation founder and Executive Vice President, says he's "delighted with the outcome" saying it "clearly addressed the issue we put before the court."
Senior Judge Ishii's decision can be read in its entirety at http://bit.ly/silvester-v-harris-decision.
Republished from The Outdoor Wire.