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Just a Man
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Court Says Californians Need to Cool Off After Gun Buy

The 9th U.S. Circuit Court of Appeals has overturned a lower-court decision that would have struck down a 10-day waiting period for certain firearm purchases. The lower-court decision would have allowed existing gun owners and people with concealed-weapons permits to immediately take possession of a lawfully purchased firearm.

The judgement is yet another chapter in an ongoing battle between pro-gun Californians and their anti-gun elected officials. The 10-day waiting period issue began with Silvester v. Harris, a case litigated in 2014 by The Calguns Foundation (CGF) in the U.S. District Court. The Court agreed the waiting period violated the Second Amendment rights of individuals who successfully pass the standard background check and who are in lawful possession of an additional firearm, possess a Certificate of Eligibility, or have a CCW.
 

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There is accordingly near unanimity in the post-Heller case law that when considering regulations that fall within the scope of the Second Amendment, intermediate scrutiny is appropriate.
Critical to that analysis is identifying an important legislative objective and determining whether the regulation reasonably fits with the objective.
We apply intermediate scrutiny when a challenged regulation does not place a substantial burden on Second Amendment rights. Jackson, 746 F.3d at 961. The burden of the 10-day waiting period here, requiring an applicant to wait ten days before taking possession of the firearm, is less than the burden imposed by contested regulations in other Ninth Circuit cases applying intermediate scrutiny.
This court has explained that laws which regulate only the "manner in which persons may exercise their Second Amendment rights" are less burdensome than those which bar firearm possession completely.
The actual effect of the WPLs on Plaintiffs is very small. The contested application of the regulation to Plaintiffs simply requires them to wait the incremental portion of the waiting period that extends beyond completion of the background check. The regulation does not prevent, restrict, or place any conditions on how guns are stored or used after a purchaser takes possession. The WPLs do not approach the impact of the regulation in Jackson that required firearms to be stored in locked containers or disabled with a trigger lock. 746 F.3d at 963. The waiting period does not prevent any individuals from owning a firearm, as did the regulation in Chovan. 735 F.3d at 1139.

There is, moreover, nothing new in having to wait for the delivery of a weapon. Before the age of superstores and superhighways, most folks could not expect to take possession of a firearm immediately upon deciding to purchase one. As a purely practical matter, delivery took time. Our 18th and 19th century forebears knew nothing about electronic transmissions. Delays of a week or more were not the product of governmental regulations, but such delays had to be routinely accepted as part of doing business.

It therefore cannot be said that the regulation places a substantial burden on a Second Amendment right. Intermediate scrutiny is appropriate. Accordingly, we proceed to apply the two-step analysis of intermediate scrutiny that looks first to the government's objectives in enacting the regulation and second to whether it is reasonably suited to achieve those objectives.
LOL! The pioneers did not have electronics, so you are going to have to wait as a matter of constitutional law.
 

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The parties dispute, however, whether the WPLs reasonably fit with the stated objectives. The test is not a strict one. We have said that "intermediate scrutiny does not require the least restrictive means of furthering a given end." Id. at 969. Instead, it requires only that the law be "substantially related to the important government interest of reducing firearm-related deaths and injuries." Id. at 966. The district court recognized that some waiting period was necessary for background checks, but held that the full waiting period served no further legislative purpose as applied to subsequent purchasers. We cannot agree. In enacting the present statute, the Legislature said that the WPLs "provide a 'cooling-off' period, especially for handgun sales." The legislation coincided historically with increased national concern over the prevalence of inexpensive handguns leading to crime and violence.
The district court's assumption is not warranted. An individual who already owns a hunting rifle, for example, may want to purchase a larger capacity weapon that will do more damage when fired into a crowd. A 10-day cooling-off period would serve to discourage such conduct and would impose no serious burden on the core Second Amendment right of defense of the home identified in Heller.
Insert crazy hypothetical and any law can be upheld using intermediate scrutiny.
 

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The waiting period provides time not only for background checks, but for the purchaser to reflect on what he or she is doing, and, perhaps, for second thoughts that might prevent gun violence.
Thus the waiting period, as applied to these Plaintiffs, and the safety storage precautions, as applied to the plaintiffs in Jackson, have a similar effect. Their purpose is to promote public safety. Their effect is to require individuals to stop and think before being able to use a firearm.
The State is required to show only that the regulation "promotes a substantial government interest that would be achieved less effectively absent the regulation." Fyock, 779 F.3d at 1000 (citation and quotation marks omitted). The State has established that there is a reasonable fit between important safety objectives and the application of the WPLs to Plaintiffs in this case. The waiting period provides time not only for a background check, but also for a cooling-off period to deter violence resulting from impulsive purchases of firearms. The State has met its burden.
Perhaps, may, might, and your rights dwindle, just like that.
 

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NRA Instructor
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If they already own a gun why would they take time to go buy another to use illegally? I hate to say it like this but those judges do not have a 2nd grade education.

I still think every Republican living in or operating a business in should move to blue areas in more gun friendly states. Leave the Peoples Republic of California to the boxes of cereal.

Fruits, Nuts and Flakes.
 

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American
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If they already own a gun why would they take time to go buy another to use illegally? I hate to say it like this but those judges do not have a 2nd grade education.

I still think every Republican living in or operating a business in should move to blue areas in more gun friendly states. Leave the Peoples Republic of California to the boxes of cereal.

Fruits, Nuts and Flakes.
They don't call it the Nutty 9th for no reason. It has nothing to do with understanding, education, or ability to read the Constitution. It's all about their agenda and doing what THEY think is right. We got rid of one monarch in 1776 only to be burdened with an Oligarchy of Black Robed Buffoons.
 

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hu huh, you said "Member"
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I thought we already established that the 9th were smoking dope, via the Trump immigration EO ? Their brains are fried just like so many other Kalifornicators.

Well, this just makes it more official, eh?
 

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Registered
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I think this one will add to their already unacceptable reversal rate if it goes to the Supreme Court. This bunch of clowns needs to be in a different circus.
 

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Man of Myth and Legend
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SCOTUS needs to review a case and make sure the Strict Scrutiny level is specifically used and required. Shooting the blasphemy down.

Nemo
 

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Senior Mumbler
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Right, because a tiny woman and her children aren't burdened waiting 10 days for a gun to protect herself and children from a crazy ex who plans to murder them in 3 days.
 
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