BELLEVUE, WA –-(Ammoland.com)- The Second Amendment Foundation (SAF) continues their impressive streak of court victories with another.
This victory came in one of the most anti-gun states in the entire country, California.
SAF won a significant court victory in California in which the U.S. District Court for the Eastern District of California ruled that the Golden State's 10-day waiting period violates the Second Amendment “as applied to those individuals who successfully pass” the state's background check prior to the ten days, and who are in lawful possession of an additional firearm.
This ruling clearly addressed the issue we put before the court. We are naturally delighted with the outcome.
These victories have been made possible by hundreds of thousands of concerned Americans who have financially supported SAF's efforts over the years. Please continue to support SAF and help continue the streak of impressive victories.
The ruling, by Senior Judge Anthony W. Ishii, also notes that the 10-day waiting period violates the Second Amendment for those individuals who pass the background check and who possess a valid CCW license. Joining SAF in the case was the Calguns Foundation and individual plaintiffs Brandon Combs and Jeff Silvester, for whom the case is named.
“This is a great win for Second Amendment civil rights and common sense,” Silvester concurred. “I couldn't be happier with the outcome.”
SAF General Counsel Miko Tempski added, “Basically, the waiting period doesn't make any sense when someone has already been cleared, has a concealed carry permit and already owns a gun.”
In his ruling, Judge Ishii relied on other SAF cases including Moore v. Madigan, Ezell v. Chicago and McDonald v. Chicago. He specifically noted, “The Court emphasizes that it is expressing no opinion on the constitutionality of the 10-day waiting period in general or as applied to first time California firearms purchasers.”
Tempski said the court was not asked to broadly throw out the state's waiting period in every situation, “so we don't know if it would uphold waiting periods” as being constitutional.
“With this victory,” Tempski said, “years of SAF and Calguns Foundation litigation are coming to fruition. We have built a solid foundation that allows us to successfully challenge irrational laws like this.”
“California gun owners are not second-class citizens and the Second Amendment doesn't protect second class rights,” said Combs, who is also CGF's executive director. “This decision is an important step towards restoring fundamental individual liberties in the Golden State.”
This court ruling once again underscores our mission to win firearms freedom, one lawsuit at a time.
SAF lawsuits have overturned laws not only in Washington D.C., but in several states including Illinois, California, North Carolina, New Mexico, Nebraska, and cities like San Francisco, Seattle, Des Moines and New Haven, among others. Threats of SAF lawsuits have removed well over 100 anti-gun-rights laws across the country as well as stopping hundreds more from being enacted.
We are focusing our efforts on getting rid of unconstitutional violations of firearms owners' civil rights in Connecticut, New Jersey, New York, Maryland, California and other states.
SAF's record of legal victories on behalf of the right to keep and bear arms has set the bar for all current and future firearms civil rights litigation. This is not SAF's last step, but only the latest, in our efforts to win back firearms freedom, one lawsuit at a time.
Without you, all our doors would be closed and who knows what rights we would have left.
Thank you. I know I can count on you.
Alan M. Gottlieb
Second Amendment Foundation
P.S. Remember, the anti-gunners are raising tens of thousands of dollars to steal our rights from us — we need your support now to help stop them dead in their tracks!
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Second Amendment Foundation
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Bellevue, WA 98005
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.
Paid for by Second Amendment Foundation, a 501(c)3 non-profit organization. Contributions are tax deductible. Copyright © 2014 Second Amendment Foundation, All Rights Reserved.