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: Legislature Adjourns from 2026 Session; Anti-Gun Bills on Governor's Desk

Sunday, March 15, 2026

Virginia: Legislature Adjourns from 2026 Session; Anti-Gun Bills on Governor's Desk

On Saturday, March 14th, the Virginia General Assembly adjourned sine die from the 2026 legislative session, and the future of the Commonwealth hangs in the balance. 

Michigan Red Flag Report Sheds Light on Confiscation Orders in Practice

News  

Monday, March 16, 2026

Michigan Red Flag Report Sheds Light on Confiscation Orders in Practice

This month, Michigan’s judicial branch published the 2025 edition of its annual report on the state’s Extreme Risk Protection Order Act (red flag gun confiscation order statute). 

Canada Spending $25K+ per Gun Confiscated from Non-Criminals; 0 Lives Saved

News  

Monday, March 16, 2026

Canada Spending $25K+ per Gun Confiscated from Non-Criminals; 0 Lives Saved

More proof (as if any was needed) has emerged that the Canadian gun ban and confiscation is a massive administrative, practical and economic debacle.

Virginia: Semi-Auto Ban Heads to Governor Spanberger's Desk

Monday, March 9, 2026

Virginia: Semi-Auto Ban Heads to Governor Spanberger's Desk

Yet another piece of anti-gun legislation has made it out of the General Assembly and is on its way to Governor Spanberger.

Colorado: "FFL-Killer" Bill in House Committee on Monday

Friday, March 13, 2026

Colorado: "FFL-Killer" Bill in House Committee on Monday

On Monday, March 16th, the House State, Civic, Military, & Veterans Affairs Committee will hold a hearing on Senate Bill 26-043, the FFL-Killer bill.

By George! Washington, D.C.’s Magazine Ban Invalidated by District’s Highest Court

News  

Monday, March 9, 2026

By George! Washington, D.C.’s Magazine Ban Invalidated by District’s Highest Court

Even as its formerly more liberty-loving neighbor, Virginia, goes down the tyrannical path of unconstitutional bans on firearms and magazines, residents of the nation’s capital last week gained a measure of relief from the District’s ...

California: Public Safety Committees Set to Hear Multiple Firearm Bills

Tuesday, March 10, 2026

California: Public Safety Committees Set to Hear Multiple Firearm Bills

On Tuesday, March 17th at 8:30 AM, the Assembly Committee on Public Safety will hear Assembly Bill 1753 pertaining to gun violence restraining orders and Assembly Bill 1948, extending the validity concealed carry permit. Additionally ...

Minnesota: Onslaught of Gun Control Bills Scheduled for Friday

Wednesday, March 11, 2026

Minnesota: Onslaught of Gun Control Bills Scheduled for Friday

On Friday, March 13th, the Senate Judiciary and Public Safety Committee will hold a hearing on the gun grabbers wish list, including semi-automatic bans, magazine capacity limits, and concealed carry restrictions. Please contact members of ...

Tennessee: Senate Floor Vote Tomorrow

Wednesday, March 11, 2026

Tennessee: Senate Floor Vote Tomorrow

On Thursday, March 12th, the Senate is expected to vote on SB 3050, protecting tenants Second Amendment rights. Please contact your Senator and urge them to SUPPORT SB 3050 by using the TAKE ACTION button below.

West Virginia: House Passes Constitutional Carry Expansion Bill as Legislature Adjourns

Sunday, March 15, 2026

West Virginia: House Passes Constitutional Carry Expansion Bill as Legislature Adjourns

On Saturday, March 14th, the West Virginia Legislature adjourned sine die from the 2026 legislative session.

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.