Posted on 05/10/2023 3:39:39 AM PDT by marktwain
On May 1, in the Federal District Court for the District of Southern California, a number of plaintiffs, including San Diego County Gun Owners PAC, California Gun Rights Foundation, Firearms Policy Coalition, Inc., and Second Amendment Foundation, filed a lawsuit challenging the California statute requiring a ten-day waiting period before a person may purchase a firearm in California. The case is Richards v Bonta. A previous lawsuit, Silvester v Harris, failed. The Supreme Court refused to grant a writ of certiorari in 2018, with Justice Thomas dissenting. From the dissent:
Because the right to keep and bear arms is enumerated in the Constitution, courts cannot subject laws that burden it to mere rational-basis review. District of Columbia v. Heller, 554 U. S. 570, 628, n. 27 (2008). But the decision below did just that. Purporting to apply intermediate scrutiny, the Court of Appeals upheld California’s 10-day waiting period for firearms based solely on its own “common sense.”
A complicated two-step system, with its “ways/means” rational basis test disguised as intermediate scrutiny, was instituted and used by the Ninth Circuit and other courts to disfavor rights protected by the Second Amendment. This was done in Silvester v Harris and other cases. Justice Thomas repudiated that process in the Bruen decision on June 22, 2022. The Bruen decision makes another challenge to the California waiting period law ripe for review. In Richards v Bonta, the plaintiffs explain how this is so. From the plaintiffs’ brief:
6. As explained in Bruen, the government bears the burden of “affirmatively prov[ing] that its firearm regulation is part of the historical tradition that delimits the outer bounds of the right to keep and bear arms.” 142 S.Ct. at 2127.
(Excerpt) Read more at ammoland.com ...
The first "waiting period" to take possession of firearms was instituted in California in 1923.
Who needs a waiting period? Demand has been so high in Oregon that instant checks have been taking two months.
I may have delusional wishes but I hope the left pushes gun control so far that the SCOTUS declares all gun control laws unconstitutional and must be disposed of. In addition, define that any attempt to create new gun laws is a violation of the constitution that results in legal prosecution. Gun control only burdens those that are trying to follow the law. Criminals don’t give a crap. Laws that punish the misuse of guns should be used, not the ownership of an object that if used by a criminal would do bad things. Objects don’t commit crimes, people do.
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