Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

California: Information on the Ten-Day Waiting Period Court Decision

Friday, September 5, 2014

A federal district court judge recently ruled that California’s mandatory 10-day waiting period for firearm purchases violates the Second Amendment as applied to individuals who already lawfully possess at least one firearm that is registered to them in the California Department of Justice (DOJ) Automated Firearms System (AFS), or who possess a valid Carry Concealed Weapon (CCW) license.  The ruling also mentions those who possess a valid Certificate of Eligibility (COE), but they would still need a firearm registered in the AFS to be entitled to the exception from the 10-day waiting period.

 

The court allowed the California legislature 180 days to adopt a new law addressing the constitutional concerns it articulated, should the legislature choose to do so. That’s not going to happen that fast, so watch for motions to adjust that timeline. The state can still appeal the ruling where it could be tied up for over a year.

 

If the ruling becomes final, it would mean that people with firearms already in the AFS or who have a CCW are not subject to the mandatory 10-day waiting period when purchasing new firearms. The ruling does not affect first time California firearm purchasers or those who already lawfully own firearms that are not in the AFS, unless they have a CCW.

 

To be clear, as the ruling repeatedly emphasizes, under this decision firearm purchasers must still pass a DOJ background check for each new firearm they seek to acquire. DOJ’s background check process may still legally delay, in some cases more than 10 days, the purchaser’s taking possession of a firearm. But if the background check is completed and approved prior to the expiration of 10 days, the firearm vendor cannot be required to wait the full 10 days before giving possession of the firearm to the purchaser, as the law previously required before the court’s intervention.

 

Despite the positive ruling, you should not expect to walk in and out of a store with a new firearm the same day. According to the DOJ, only about 20% of background checks are automatically approved. These “auto-approvals” can take anywhere from 1 minute to 2 hours, but usually occur within 1 hour. The other approximately 80% of background checks, however, are not auto-approved. They require further investigation, review, and analysis. In these cases, a delay of at least 1 day is generally inevitable according to the DOJ, because some further review of the purported purchaser is deemed necessary. If review by an analyst is required, and there is a backlog of applications, it may still take up to 10 days to complete and approve the background check. 

 

Under California law, there are specific circumstances that allow the DOJ to take up to 30 days to conduct a background check to further investigate whether the applicant is prohibited from possessing a firearm. How that will come into play is not entirely clear, but people should be aware that the DOJ may still be able to delay a firearm purchase 10 days, and potentially more, despite this ruling.

 

In sum, those who already lawfully own firearms that are registered in the AFS or who have a CCW cannot be subjected to California’s mandatory 10-day waiting period, as long as their background check is completed and approved prior to the expiration of 10 days. However, the law still allows for extended delays in giving possession of a firearm to a purchaser pending a background check.

 

While this ruling is somewhat limited in its practical effect for the time being, it is welcome news coming in a year that has already seen its fair share of good news for Second Amendment rights coming from courts. Earlier this year, a monumental ruling from the Ninth Circuit Court of Appeals in the NRA sponsored case of Peruta v. San Diego County found that the San Diego County Sheriff’s policy of refusing to issue licenses to carry firearms in public unless an applicant could demonstrate special need was an unconstitutional violation of the Second Amendment. NRA News has produced a wonderful video and America’s First Freedom magazine also published an enlightening article about the case. We are waiting to hear from the court on whether it will allow the California Attorney General Kamala Harris and some gun ban advocacy groups to intervene in the Peruta case as “parties” so they can further appeal the decision. 

 

While these cases show that the courts are willing to defend Second Amendment rights, they also show the lengths the anti-gun-rights crowd within and outside the government will go to in their quest to curtail those rights. We will keep you updated on developments in both these cases as they occur. But, in the meantime, NRA needs your continued support and vigilance. 

 

 

Help NRA to Help You

 

You can assist in the fight to defend gun owners’ rights in California courts by donating to the NRA Legal Action Project today. For a summary of some of the many actions the NRA has taken on behalf of California gun owners, including the tremendous recent victory in the Peruta case click here. Second Amendment supporters should be careful about supporting litigation efforts promised by other individuals and groups without access to the necessary funding, relationships, firearm experts and experienced lawyers on the NRA’s national legal team. The NRA’s team of highly regarded civil rights attorneys and scholars has the resources, skill and expertise to maximize the potential for victory.

 

IN THIS ARTICLE
California Waiting Periods
TRENDING NOW
Third Circuit Strikes Some New Jersey Carry Restrictions in NRA Case

Thursday, September 11, 2025

Third Circuit Strikes Some New Jersey Carry Restrictions in NRA Case

Yesterday, the Third Circuit Court of Appeals issued an opinion in Siegel v. Platkin, striking some of the carry restrictions New Jersey enacted in response to the NRA’s landmark Supreme Court victory, New York State Rifle & ...

Gun Control “Journalist” Says the Quiet Part Out Loud

News  

Monday, September 8, 2025

Gun Control “Journalist” Says the Quiet Part Out Loud

Pure gun control. As in disarmament and banning of firearms. It’s rare that anti-gunners get straight to the exact point that we have been warning of for decades. 

Due Process: The Backbone of Legal Legitimacy

News  

Monday, September 8, 2025

Due Process: The Backbone of Legal Legitimacy

Close observers of the gun debate often see references to due process.

The Desperate Deflection to the “Red State Murder Problem”

News  

Monday, September 8, 2025

The Desperate Deflection to the “Red State Murder Problem”

California Governor Gavin Newsom (D) may have thought he had scored against President Donald Trump in a recent war of words over rampant crime and the deployment of federal law enforcement agents to Democratic-led cities

NRA Files Amicus Brief Urging SCOTUS to Hear Challenge to Washington’s Magazine Ban

Monday, September 8, 2025

NRA Files Amicus Brief Urging SCOTUS to Hear Challenge to Washington’s Magazine Ban

Today, the National Rifle Association filed an amicus brief urging the U.S. Supreme Court to grant certiorari in a case challenging Washington State’s ban on firearm magazines that hold more than 10 rounds.

Illinois: Governor Signs Mandatory Firearm Storage Law

Wednesday, September 3, 2025

Illinois: Governor Signs Mandatory Firearm Storage Law

Earlier this month, Governor JB Pritzker signed Senate Bill 8 into law. This legislation imposes new mandatory firearm storage requirements on law-abiding gun owners.  

Update: North Carolina House Reschedules Veto Override Vote

Tuesday, August 26, 2025

Update: North Carolina House Reschedules Veto Override Vote

Today, the House rescheduled the veto override vote on Senate Bill 50, Freedom to Carry NC, to Monday, September 22. 

Supreme Court Review Sought in NRA-Backed Challenge to California’s Magazine Ban

Friday, August 15, 2025

Supreme Court Review Sought in NRA-Backed Challenge to California’s Magazine Ban

Today, a Petition for Certiorari was filed asking the U.S. Supreme Court to hear Duncan v. Bonta, a case—backed by the National Rifle Association and California Rifle & Pistol Association—challenging California’s prohibition on magazines capable of holding ...

Minnesota: Senate Gun Violence Prevention Working Group Meeting on Monday

Friday, September 12, 2025

Minnesota: Senate Gun Violence Prevention Working Group Meeting on Monday

On Monday, September 15th, the Minnesota Senate will hold a special working group on "gun violence prevention."

Washington Post Admits that Anti-gun Lawfare “Cannot be the Solution” to Crime

News  

Monday, March 17, 2025

Washington Post Admits that Anti-gun Lawfare “Cannot be the Solution” to Crime

In a turnabout worthy of Invasion of the Body Snatchers, The Washington Post (WAPO) published an editorial last Tuesday criticizing the gun control movement for ignoring the Protection of Lawful Commerce in Arms Act (PLCAA) and pursuing its agenda in ...

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.