It is not inconvenient to get a simple background check for a gun purchase. It takes mere minutes unless one is on the list of prohibited purchasers. Those folks should be inconvenienced. And, of course, the 5 day waiting period for gun purchases disappeared after 5 years of the Brady Law’s existence as a compromise in the original bill. One does need to ask what the hurry is when buying a gun. Sometimes my husband and I shop around for cars or mattresses or other furniture or desired items for days and weeks before we actually buy it. And then it may take a few days for delivery. A gun is designed to kill another human being. What’s the rush?
Well that sentiment has been ruled unconstitutional in California!
A federal judge in California has struck down a law that requires a 10-day waiting period for gun purchases, but only for current gun owners who have already passed a background check and those who have a permit or certificate of eligibility to own a gun.
Eastern District of California Judge Anthony W. Ishii said Monday that the waiting period provision violates the Second Amendment rights of those who have already been approved to own a gun. This includes those who have previously undergone a background check and own a gun, people with concealed-carry permits and people who have a state certificate of eligibility to own a gun.
First-time gun buyers would still be subject to the waiting period, which Ishii emphasized in his ruling.
“Given the nature of the challenges made, 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,” he said.
It, at it’s core is a stupid law. If I own 5 guns already, and want to buy a new one, what exactly is the waiting period going to accomplish!
Of course the argument that first-time buyers need a few days to cool their heels is pretty dumb too. It wasn’t like the guy who stabbed three, and shot three in Santa Barbara was somehow deterred by the waiting period. According to his diary he went MONTHS while owning the guns and knives to execute his deadly plan.
Really there are few cases where somebody buys a gun in the spur of the moment to do something horrible. Generally a lot of planning goes into these things, and a 10 day waiting period is just another factor. Still when somebody is in a dangerous situation where they NEED a gun, but hadn’t thought about it before, those 10 days could be deadly for them.
But of course anti-gun people have NEVER been interested in public safety, otherwise they’d be pressuring states with restrictive carry laws to relax them, or go Constitutional carry, since it’s been working really well for Chicago!
Nope, they just want to restrict rights because they hate guns, and hate gun owners, and “Public Safety” is just a canard they can float to attempt to make them appear like they aren’t total ogres.