A Federal District Court in California has denied the State a Motion for Summary Judgement on it’s 10 day waiting period law. This may put the law at risk of being tossed for being unconstitutional:
For example, there is no evidence regarding the nature of the background checks performed, how much time is necessary to perform a background check, or why 10-days are necessary in order to perform a background check. Harris admits that in the past California has had waiting periods that have ranged from 1 to 15 days. However, there is nothing before the Court to suggest that the 10-day period is a â€œreasonable fitâ€ that is not substantially broader than necessary to determine if an individual is disqualified from owning a firearm. More information is needed. The Court will not grant summary judgment on this issue based on the bare arguments presented.
As for the â€œcooling downâ€ rationale, Harris has not presented sufficient evidence that the 10-day waiting period is a â€œreasonable fit.â€ For example, there is no evidence concerning how the 10-day period was determined for purposes of â€œcooling off,â€ any evidence concerning â€œcooling offâ€ and gun violence in general for those wishing to purchase a firearm, or that the 10-days is not substantially broader than necessary.
I get skeptical the Courts are really going to do anything substantive with the Second Amendment, but every once in a while they surprise me. I’m pleased a court has seemingly seen through the state’s bullshit. Hopefully at trial they’ll recognize this for what it is; a means to discourage people from exercising their rights.