COURT RULING: Waiting Periods Are “Burdens” on Second Amendment Rights

December 18 2013
by GSL Staff
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Stock - Gun with bulletsScore another minor court victory for gun-rights.

A judge in California has ruled that mandatory waiting periods to purchase firearms are a burden on constitutionally guaranteed Second Amendment rights.

The ruling was in relation to a case being brought by the Second Amendment Foundation challenging the constitutionality of California’s mandatory 10 day waiting period.

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 case, Silvester v. Harris, will continue to move through the court system.

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