Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

Federal District Court: California’s Waiting Period to Acquire a Firearm Violates the Second Amendment

Friday, August 29, 2014

On Monday, the United States District Court for the Eastern District of California issued an opinion holding that California’s 10-day waiting period for nearly all firearm sales violates the Second Amendment, at least as applied to certain individuals.  The opinion, written by Judge Anthony W. Ishii, generally found California’s justifications for the waiting period insufficient to overcome the burden the waiting period placed on Californians’ right to keep and bear arms.

The court first concluded that the waiting period created a burden on the Second Amendment. Specifically, it found the state failed to put forth any historical evidence showing that the waiting period should fall outside the scope of the Second Amendment or was one of the types of longstanding and presumptively lawful regulations identified by the Supreme Court in District of Columbia v. Heller.  Because the court determined that the waiting period burdened the Second Amendment, the state was required to show a “reasonable fit” between the supposed state interest furthered by the law, public safety, and the state’s rationale for how the waiting period furthered that interest. 

The state attempted to justify the burden created by the waiting period with three separate arguments.  First, that the waiting period provided time for the California Department of Justice to conduct a background check on the prospective purchaser.  Second, that the waiting period created a “cooling off period” that prevented impulsive acts of violence.  Third, that the waiting period helped to deter “straw purchases” by giving law enforcement sufficient time to investigate the purchaser. 

The plaintiffs argued that these justifications were insufficient to meet the “reasonable fit” requirement as to three classes of individuals:  those who already own a firearm as indicated by California’s Automated Firearms System, holders of concealed carry permits, and holders of a Certificate of Eligibility.  Notably, individuals in each of these classes have already undone extensive background checks and, in most cases, already own one or more firearms.  

The court analyzed the justifications for each class separately, but the court’s rationale in rejecting each justification was generally the same for each separate class.  In rejecting the background check justification, the court found that in many cases background checks are completed anywhere from a few hours to one day and in the vast majority of cases the check was completed in fewer than 10 days, so the background check provided no justification for the waiting period beyond the actual time needed to complete the check on a case-by-case basis.   The court was not persuaded by the “cooling off period” justification because individuals in each of the three classes already owned a firearm or had undergone a thorough background investigation that made it extremely unlikely that these individuals would carry out an impulsive violent crime.  As to the “straw purchase” justification, the court found that there was no evidence that the legislature had intended the waiting period to serve as a deterrent to straw purchases or that the waiting period actually did deter straw purchases.

Even if the decision is not appealed, it will not take effect for at least 180 days because of a stay that was granted to give California sufficient time to alter its firearm acquisition procedures to comply with the court’s holding.  While the holding is technically limited to the three classes of individuals raised by the plaintiffs, the court’s discussion of the state’s justifications, or lack thereof, for the waiting period exposes waiting period laws for what they truly are:  an attempt to limit firearm ownership through burdensome regulation.

TRENDING NOW
Virginia Gun Owners Face Magazine Confiscation!

Monday, February 2, 2026

Virginia Gun Owners Face Magazine Confiscation!

Astute Virginia gun owners anticipated terrible gun control legislation from the 2026 General Assembly. Still, some may be shocked to learn that anti-rights zealots in the Virginia Senate have advanced a bill to CONFISCATE standard capacity firearm ...

NRA Announces Third Lawsuit Challenging the National Firearms Act

Thursday, February 26, 2026

NRA Announces Third Lawsuit Challenging the National Firearms Act

Today, the National Rifle Association announced the filing of a third lawsuit challenging the constitutionality of the National Firearms Act of 1934 (NFA). The case, Roberts v. ATF, was filed in the U.S. District Court for ...

Virginia: Gun Bill Updates As Crossover Deadline Arrives

Tuesday, February 17, 2026

Virginia: Gun Bill Updates As Crossover Deadline Arrives

Today, February 17th is the legislative crossover deadline in Virginia, and any bills that have not left their chamber of origin by the end of the day are considered dead for the session.

Virginia: Multiple Gun Control Bills Advance in Senate

Tuesday, January 27, 2026

Virginia: Multiple Gun Control Bills Advance in Senate

On Monday, January 26th, the Senate Courts of Justice Committee advanced a slate of gun control bills targeting semi-automatic firearms, standard capacity magazines, carry rights, home storage, and more.

Connecticut’s “Convertible Pistol” Ban Picks up Where California’s Overreach Left Off

News  

Monday, February 23, 2026

Connecticut’s “Convertible Pistol” Ban Picks up Where California’s Overreach Left Off

What the Second Amendment community has long known has become increasingly difficult for gun grabbers to deny: no handgun is safe from the prohibitionist agenda.

Minnesota: Gun Control Bills Stall in Committee

Wednesday, February 25, 2026

Minnesota: Gun Control Bills Stall in Committee

Following committee votes on Tuesday, February 24th, and Wednesday, February 25th, many of the most egregious gun controls bills in the legislature have stalled and may not receive further action this session.

North Carolina: Permitless Carry Veto Override Vote Postponed

Tuesday, January 13, 2026

North Carolina: Permitless Carry Veto Override Vote Postponed

Today, the North Carolina House of Representatives rescheduled this morning’s veto override on Senate Bill 50, Freedom to Carry NC, to February 9, 2026.

Kansas: Hearing on State-Level Suppressor Bill Next Week

Friday, February 27, 2026

Kansas: Hearing on State-Level Suppressor Bill Next Week

On Monday, March 2nd, the Senate Federal and State Affairs committee will hold a hearing on Senate Bill 503, removing suppressors and short-barreled firearms from the controlled weapons list at the state level. 

California: Lawmakers Introduce New Bill that Would Censor Private 3-D Printers

Tuesday, February 24, 2026

California: Lawmakers Introduce New Bill that Would Censor Private 3-D Printers

Last week marked the deadline for bill introductions in the California Legislature. As we anticipated in our previous alert, anti-gun lawmakers used this opportunity to file additional measures aimed at further restricting the rights of ...

Oregon: Ballot Measure 114 Override Bill Passes House

Wednesday, February 25, 2026

Oregon: Ballot Measure 114 Override Bill Passes House

This afternoon, House Bill 4145, the Ballot Measure 114 override bill, passed out of the House and will be transmitted to the Senate for further consideration.

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.