California Gun Waiting Period Laws Ruled Unconstitutional

Federal court decides 10-day waiting period laws violate Second Amendment rights

ROSEVILLE, CA, and BELLEVUE, WA / August 25, 2014 – California’s 10-day waiting period for gun purchases was ruled unconstitutional by a federal judge this morning in a significant victory for Second Amendment civil rights. The laws were challenged by California gun owners Jeffrey Silvester and Brandon Combs, as well as two gun rights groups, The Calguns Foundation and Second Amendment Foundation.
In the decision released this morning, Federal Eastern District of California Senior Judge Anthony W. Ishii, appointed to the bench by President Bill Clinton, found that “the 10-day waiting periods of Penal Code [sections 26815(a) and 27540(a)] violate the Second Amendment” as applied to members of certain classifications, like Silvester and Combs, and “burdens the Second Amendment rights of the Plaintiffs.”
“This is a great win for Second Amendment civil rights and common sense,” said Jeff Silvester, the named individual plaintiff. “I couldn’t be happier with how this case turned out.”
Under the court order, the California Department of Justice (DOJ) must change its systems to accommodate the unobstructed release of guns to gun buyers who pass a background check and possess a California license to carry a handgun, or who hold a “Certificate of Eligibility” issued by the DOJ and already possess at least one firearm known to the state.
“We are happy that Second Amendment rights are being acknowledged and protected by our courts,” said Donald Kilmer, lead attorney for the plaintiffs. “This case is one more example of how our judicial branch brings balance to government in order to insure our liberty. I am elated that we were able to successfully vindicate the rights of our clients.”
Attorneys Victor Otten of Torrance and Jason Davis of Mission Viejo were co-counsel for the plaintiffs.
“This ruling clearly addressed the issue we put before the court,” said SAF founder and Executive Vice President Alan Gottlieb. “We are naturally delighted with the outcome.”
“California gun owners are not second-class citizens and the Second Amendment doesn’t protect second class rights,” noted plaintiff Brandon Combs, also CGF’s executive director. “This decision is an important step towards restoring fundamental individual liberties in the Golden State.”
“This victory provides a strong foundation from which other irrational and unconstitutional gun control laws will be challenged,” concluded Combs. “We look forward to doing just that.”
The court’s decision can be read or downloaded here.
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.
Media Contacts:
The Calguns Foundation - Brandon Combs
[email protected]
(800) 556-2109 ext. 5775
Second Amendment Foundation - Alan Gottlieb
(425) 454-7012

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Second Amendment advocates put Riverside County’s handgun carry license policy in their crosshairs.

FOR IMMEDIATE RELEASE: Friday, March 7, 2014

CGF Publishes New Resources to Help Californians Acquire a Handgun Carry License

ROSEVILLE, CA – Following the federal Ninth Circuit Court of Appeals' recent affirmations of the fundamental, individual Second Amendment right to carry handguns in public for self-defense, Roseville-based gun rights group The Calguns Foundation has published new resources to assist law-abiding Californians with the process of applying for a license to carry.
"One important element of our Carry License Compliance Initiative is to educate people on the laws and process," said Executive Director Brandon Combs. "The information barrier has been a huge problem in the past, but we're confident that our new tools will help thousands of Californians exercise their Second Amendment rights."
In addition to expanded informational offerings, the Foundation has created a new California Carry License (LTC/CCW) Issue Reporting System, a service that applicants can use to report problems with a local law enforcement agency's application policy or practice.
"By creating a database of the personal experiences of carry license applicants from across the state, we will gain a comprehensive understanding of what's actually happening out there," explained Combs. "These reports will help us determine which licensing authorities to focus our Compliance Initiative resources on, and, when necessary, take legal action against."
Combs noted that the Foundation released its new carry license projections in February, which showed the number of Californians licensed to carry handguns skyrocketing during the first year of effective "shall-issue" regulations.
Using information pulled from the California Department of Justice and the issuance statistics of other "shall-issue" states across the nation, The Calguns Foundation estimated that the number of California carry licensees will grow over 1000%, from about 56,000 today to as many as 1,000,000 in 2015.
"There's no question that the public demand is there," said Combs. "The right to carry is the biggest, most culturally-significant issue in gun rights today. We're going to do whatever it takes to make sure that all law-abiding people are free to exercise their Second Amendment civil rights in California."
Those interested in applying for a California carry license can access The Calguns Foundation's FAQs, download state-standard application forms, review legal information, and report unconstitutional or unlawful policies through its website at http://www.calgunsfoundation.org/carry.
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.

FOR IMMEDIATE RELEASE: Wednesday, March 5, 2014

SAF, CGF Score Ninth Circuit Victory in Richards Carry Case

BELLEVUE, WA, and ROSEVILLE, CA – The Second Amendment Foundation and The Calguns Foundation earned a significant victory today when the Ninth Circuit Court of Appeals reversed and remanded the case of Richards v. Prieto, challenging the handgun carry license issuing policy of Yolo County, California, Sheriff Ed Prieto.
“Today’s ruling reinforces the Second Amendment’s application  to state and local governments, and will help clear the way for more California citizens to exercise their right to bear arms,” said SAF founder and Executive Vice President Alan M. Gottlieb. “California officials have been put on notice that they can no longer treat the Second Amendment as a heavily-regulated government privilege.”
The case was originally filed in 2009 as Sykes v. McGinness, and challenged not only Yolo County’s policies, but Sacramento County’s then-restrictive practices as well. SAF, Calguns and two private citizens, Adam Richards and Brett Stewart, continued pursuing the case against Yolo County after Sacramento County agreed to relax its policy. Plaintiffs are represented by attorneys Alan Gura and Don Kilmer.
“We are confident that the win today will stand the test of time,” said Calguns Foundation Chairman Gene Hoffman.
The Richards case was argued at the same time, and to the same panel, that earlier decided Peruta v. County of San Diego, a similar case challenging overly-restrictive carry license policies. Yolo County and Sheriff Prieto argued that their policies were distinguishable from those struck down in Peruta, but apparently, the three-judge panel unanimously disagreed.
“The Ninth Circuit's decision moves our Carry License Compliance Initiative forward,” explained CGF Executive Director Brandon Combs. “We’re already preparing the next phase of litigation to ensure that all law-abiding Californians can exercise their right to bear arms.”
Gottlieb noted that the battle over right-to-carry laws is far from over, but today’s Ninth Circuit decision reaffirms that court’s earlier ruling in the Peruta case and “moves the ball another step forward.”
“We will pursue Second Amendment affirmation wherever and whenever such cases are possible as SAF fights to win back gun rights one lawsuit at a time,” Gottlieb stated.
California carry license applicants can download state-standard application forms, legal information, and report unconstitutional policies or process issues at http://old.calgunsfoundation.org/carry.

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.
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.

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This morning, the Ninth Circuit Court of Appeals entered judgment in our Richards v. Prieto 'right to bear' lawsuit that challenged Yolo County Sheriff Ed Prieto's policy as unconstitutional. In the memorandum, the Court concluded that "the district court in this case erred in denying Richard’s motion for summary judgment because the Yolo County policy impermissibly infringes on the Second Amendment right to bear arms in lawful self-defense."
We and Second Amendment Foundation will have more on this case later today.
Read the Court documents: (1) Memorandum (2) Concurrence

[gview file="http://www.calgunsfoundation.org/wp-content/uploads/2014/03/richards-memo-2014-3-5.pdf"]
[gview file="http://www.calgunsfoundation.org/wp-content/uploads/2014/03/richards-concurrance.pdf"]