The anti-gun movement is trying to negotiate the 2nd amendment at every turn, but at least one court in California still understands that pointless waiting periods on gun purchases are a definite “burden” on 2nd amendment rights.
The Second Amendment Foundation challenged the constitutionality of California’s 10 day waiting mandate on firearm purchases and has won this round.
According to WND,
It was Senior Judge Anthony Ishii of the U.S. District Court for the Eastern District of California who said in an 11-page decision that California Attorney General Kamala Harris “argues that the WPL (Waiting Period Law) is a minor burden on the Second Amendment, [but] plaintiffs are correct that this is a tacit acknowledgement that a protected Second Amendment right is burdened.”
He wrote: “The court concludes that the WPL burdens the Second Amendment right to keep and bear arms.”
Alan Gottlieb, SAF executive vice president, said the statement is important.
“Judge Ishii’s comparison of the waiting period to a prior restraint is significant,” Gottlieb said. “He further stated that Harris, in her motion to dismiss the case, had not shown that the waiting period law is effective in reducing gun-related violent crime, or in keeping guns out of the wrong hands where the government has already issued that purchaser a License To Carry or a Certificate Of Eligibility.”
The Silvester v. Harris will be an interesting case to keep an eye on as it moves through the court system.