“A bench trial has concluded, and a law that is actively being enforced has been found to be unconstitutional. The Court does not know how Defendant or the BOF prioritizes projects, but dealing with an unconstitutional law should be towards the top of the list.â€
“We’re pleased that Judge Ishii saw right through the Attorney General’s acrimonious delay tactics and properly denied her the opportunity to infringe our fundamental Second Amendment rights even more than she already has,†said Brandon Combs, the executive director of The Calguns Foundation and a plaintiff in the case. “Today’s court order bodes well for justice and, especially, for law-abiding gun purchasers.â€
Harris, who has already filed a notice with the district court that she intends to take the loss to the Ninth Circuit Court of Appeals, will presumably argue against the court’s holding that “the 10-day waiting period violate[s] the Second Amendment as applied to three classes of individuals,†like those similarly situated to individual plaintiffs Jeff Silvester and Combs.
Notably, the waiting period requirement was first passed in the same 1923 legislative act as California’s “may-issue†concealed carry laws and a ban on the public display of handguns by gun dealers. Both of those regulations are currently being challenged in federal lawsuits backed by The Calguns Foundation and the Second Amendment Foundation, who are institutional plaintiffs in the Silvester case. The Ninth Circuit is currently considering Yolo County Sheriff Ed Prieto’s request for rehearing of a decision that found his carry license policies violate the Second Amendment right to bear arms. Meanwhile, four gun dealers seeking to strike down the ban on commercial speech filed a motion for preliminary injunction in Sacramento’s federal district court on Monday, arguing the handgun display ban violates the First Amendment.
The Calguns Foundation (www.calgunsfoundation.org) is a 501(c)3 non-profit organization that serves its members, supporters, and the public through educational, cultural, and judicial efforts to defend and advance Second Amendment and related civil rights.
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.
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