Appeals Court Upholds 10-Day Waiting Period for Gun Buys

[Madmallard]

The 9th Circuit Court of Appeals has upheld a California law requiring a 10-day waiting period for gun purchases.

Judge Mary M. Schroeder, an appointee of President Jimmy Carter, wrote the opinion of the three-person panel that reversed a federal trial court that found the 10-day "cooling off" period was unconstitutional.

"Because we agree with the state that the 10-day waiting period is a reasonable safety precaution for all purchasers of firearms and need not be suspended once a purchaser has been approved, we reverse the district court's judgment," Schroeder wrote. "We do not need to decide whether the regulation is sufficiently longstanding to be presumed lawful. Applying intermediate scrutiny analysis, we hold that the law does not violate the Second Amendment rights of these plaintiffs, because the 10-day wait is a reasonable precaution for the purchase of a second or third weapon, as well as for a first purchase."

Appeals court backs 10-day waiting period for gun purchases

 

[Darth]

"because the 10-day wait is a reasonable precaution for the purchase of a second or third weapon, as well as for a first purchase."

Absolutely. Because when you already have access to the first one...maybe next time you might need to cool down...because you wouldn't just use the gun (s) you already own to...umm

Nope, can't even pretend to understand that logic. Hell, they know they can't either because they specifically mentioned "second or third" firearms. So even they know they are wrong.

 

[Dr. Evil]

So, you need to go in a time out if you purchase a firearm. I see.

 

[bobbyd3]

Cause if you want to kill someone and cant get a gun your not gonna have access to.
A car, a knife, a bat, a hammer, a crowbar, a rock, a plastic bag, a nail gun, a teacup,a 2x4, a rope, gasoline, etc.. etc... etc...

Like every gun law it only affects the law abiding citizens.

 

[Cooolone]

Strict scrutiny will be the only answer to absolve all the Discrepancies between the States and Municipalities... But that said...

California should just bite the bullet and become its own country already!!! So all the tree hugging criminal migrant coddler's could run there and be safe in their quite corners.

 

[Phauxtoe]

Someday will get real judges and they will make real decisions

 

[MoMan]

Someday will get real judges and they will make real SENSE

FIFY!!

 

[prambo]

Always wondered - if crap ton of people got near the San Andreas fault, and jumped up and down together, could they cause that bitch to really let loose?

 

[99cummins]

"because the 10-day wait is a reasonable precaution for the purchase of a second or third weapon, as well as for a first purchase."

Absolutely. Because when you already have access to the first one...maybe next time you might need to cool down...because you wouldn't just use the gun (s) you already own to...umm

Nope, can't even pretend to understand that logic. Hell, they know they can't either because they specifically mentioned "second or third" firearms. So even they know they are wrong.

Typical anti gun liberals. Do something and stick to it even if it does nothing at all.

 

[masterswimmer]

How is this 10 day wait any less arbitrary and capricious than monkeyface declaring no more than 7 rounds? Overturned!!

The judge already knows she's going outside the ruling of the Supreme Court. How can this 'edict' survive?

 

[spat]

So, would a 180 day wait for an abortion be reasonable ?

 

[GOPerfect]

These are the kinds of rulings that we need. The more disrespect that the 9th dishes out the closer to SCOTUS these and Constitution laws get.

SCOTUS is going to have to take on some of these cases, once we get a couple more Constitution followers on the bench, things very well may change for the better.

 

[Saltwater60]

These are the kinds of rulings that we need. The more disrespect that the 9th dishes out the closer to SCOTUS these and Constitution laws get.

SCOTUS is going to have to take on some of these cases, once we get a couple more Constitution followers on the bench, things very well may change for the better.

I hope your right. I think you are and I just can't wait for it.

 

[GOPerfect]

I hope your right. I think you are and I just can't wait for it.

Our time is coming. The time for all of those who try to live in a Country set up by our Founding Fathers. This is not only about Gun Control, a can of whoop ass is coming for all of these Un-Constitutional rulings over the past decade or so.

The wrath shall cometh!

 

[Phazer]

The 9th Circuit Court of Appeals has upheld a California law requiring a 10-day waiting period for gun purchases.

Here in Westchester, that'd be awesome.

My wife filed her last amendment, and had the check cashed by the county clerk's office, 4 weeks ago. Nothing back yet. So, a 10-day waiting period would be a nice change for us.

Man...some day I hope to move to the United States.

 

[Celt]

Nonsense, once again they use intermediate scrutiny. 2nd Amendment should always have strict scrutiny applied. This needs to get to the Supreme Court.