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alp227

(32,013 posts)
Mon Aug 25, 2014, 10:00 PM Aug 2014

California wait period doesn't apply to gun owners

SACRAMENTO, Calif. (AP) — A federal judge has overturned part of a California law requiring a 10-day waiting period for gun buyers, ruling that it does not apply to those who already own firearms.

U.S. District Judge Anthony Ishii of Fresno ruled late last week that "10-day waiting periods impermissibly violate the Second Amendment" for gun-buyers who already passed background checks or are authorized to carry concealed weapons.

"There is no evidence that a 'cooling off period,' such as that provided by the 10-day waiting period, prevents impulsive acts of violence by individuals who already possess a firearm. A waiting period for a newly purchased firearm will not deter an individual from committing impulsive acts of violence with a separate firearm that is already in his or her possession," he said in his ruling.

Californians buying their first firearm will still have to undergo background checks and the 10-day waiting period under the judge's 56-page ruling, dated Friday.

full: http://bigstory.ap.org/article/california-wait-period-doesnt-apply-gun-owners

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California wait period doesn't apply to gun owners (Original Post) alp227 Aug 2014 OP
Sensible ruling. nt hack89 Aug 2014 #1
Will CA appeal? pipoman Aug 2014 #2
Makes sense to me Duckhunter935 Aug 2014 #3
Waiting periods have little to no effect on crime to begin with, studies show. X_Digger Aug 2014 #4
 

pipoman

(16,038 posts)
2. Will CA appeal?
Mon Aug 25, 2014, 10:10 PM
Aug 2014

Interesting ruling in line with the enactment of NICS, the waiting period was eliminated when instant check system was up and running. I think this question would be declined by SCOTUS.

 

Duckhunter935

(16,974 posts)
3. Makes sense to me
Mon Aug 25, 2014, 10:12 PM
Aug 2014

I always was curious why you need to wait ten days if you already have a weapon. I guess the judge agrees.

X_Digger

(18,585 posts)
4. Waiting periods have little to no effect on crime to begin with, studies show.
Mon Aug 25, 2014, 10:24 PM
Aug 2014
http://publichealthlawresearch.org/public-health-topics/injury-prevention/gun-safety/evidence-brief/waiting-period-laws-gun-permits

The findings of the underlying studies were inconsistent and or statistically insignificant. For there reasons, the reviewers were unable to determine the effectiveness of waiting periods laws as interventions aimed at reducing gun-related harms. In the judgment of a Community Guide expert panel, there is insufficient evidence to determine the effectiveness of waiting period laws as public health interventions aimed at preventing gun-related violence and suicide


http://jama.jamanetwork.com/article.aspx?articleid=192946

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