A quick scan of the ruling in Silvester V. Harris suggests that the court is issuing no opinion on whether an initial ten-day waiting period is unconstitutional (that is another battle for another time).
After considering the evidence and the arguments, the Court concludes that Penal Code §
26815(a) and § 27540(a)‟s 10-day waiting periods impermissibly violate the Second Amendment
as applied to those persons who already lawfully possess a firearm as confirmed by the AFS, to
those who possess a valid CCW license, and to those who possess both a valid COE and a firearm
as confirmed by the AFS system, if the background check on these individuals is completed and
approved prior to the expiration of 10 days. Because of the Court‟s resolution of the Second
Amendment issue, the Court need not reach the Fourteenth Amendment challenges.
Instead, the court takes the common sense approach that once a person already lawfully owns one firearm, that a ten-day waiting period on subsequent firearm pruchases is an infringement on their Second Amendment rights which will not save lives.
California will apparently have 180 days to determine how to phase this decision into law.
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