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
Pervasive Surveillance and Data Storage an Emerging Concern for Gun Owner Privacy

News  

Monday, October 5, 2026

Pervasive Surveillance and Data Storage an Emerging Concern for Gun Owner Privacy

Americans have willingly, and sometimes unwillingly, surrounded themselves with technology that watches, listens, records, and remembers. Cars know how and where we drive. Phones track just about everything in our daily routines. 

Virginia Gun Shops Brace for the New Jerseyfication of the Commonwealth

News  

Monday, September 28, 2026

Virginia Gun Shops Brace for the New Jerseyfication of the Commonwealth

Jay Jones, the anti-gun but pro-bullets to the head Virginia attorney general, announced on September 15 the creation of the Firearms Accountability & Industry Responsibility (FAIR) Unit within the Civil and Criminal Justice & Public ...

Creating Crimes Out of Thin Air: Federal Bill Seeks to Treat Air Guns as Firearms

News  

Monday, October 5, 2026

Creating Crimes Out of Thin Air: Federal Bill Seeks to Treat Air Guns as Firearms

A new bill introduced in Congress proposes to regulate “lethal air guns” as firearms under the Gun Control Act of 1968, as amended (GCA). Yet the risk of fatalities and criminal misuse from air guns ...

Bad Faith: Gun Controllers Seek to Enlist Clergy in Firearm Confiscation Efforts

News  

Monday, October 5, 2026

Bad Faith: Gun Controllers Seek to Enlist Clergy in Firearm Confiscation Efforts

It’s often been said that gun control is really about people control. Understanding this, the megalomania gun control advocates exhibit in their never-ending pursuit to control others displays a zealotry often associated with religious fundamentalism.

NRA Files Amicus Brief Urging SCOTUS to Hear Challenge to Ban on Firearms Possession by Nonviolent Felons

Thursday, October 1, 2026

NRA Files Amicus Brief Urging SCOTUS to Hear Challenge to Ban on Firearms Possession by Nonviolent Felons

Today, the National Rifle Association, joined by the Firearms Policy Coalition and Second Amendment Foundation, filed an amicus brief urging the U.S. Supreme Court to hear a challenge to the federal lifetime prohibition on firearms ...

St. Louis Housing Authority Evicts Man Who Police Say Acted in Self-Defense

News  

Monday, October 5, 2026

St. Louis Housing Authority Evicts Man Who Police Say Acted in Self-Defense

While the state of Missouri is considered a pro-Second Amendment state—including having Constitutional Carry—the City of St. Louis has a tendency to try to go its own way on the matter. The recent case of ...

The New Battleground for Second Amendment Rights: Global Online Content

News  

Monday, October 5, 2026

The New Battleground for Second Amendment Rights: Global Online Content

Artificial intelligence (AI) chatbots – computer programs on websites, messaging apps, and social media platforms designed to simulate human conversation through text or voice – are now ubiquitous. Asked how widespread AI usage is, a ...

Support of Self-Defense for Law-Abiding Citizens Continues to Spread Globally

News  

Monday, September 28, 2026

Support of Self-Defense for Law-Abiding Citizens Continues to Spread Globally

In spite of some countries deciding they cannot trust their own citizens with firearms, other countries seem to be rejecting this policy…at least a bit.  

California: Newsom Takes One Last Shot at the Second Amendment as Governor

Monday, September 28, 2026

California: Newsom Takes One Last Shot at the Second Amendment as Governor

On Saturday, Governor Gavin Newsom inked his signature to six anti-gun bills, continuing his attack on law-abiding gun owners as he closes his final months as the Governor of California. Since taking office in 2019, ...

U.S. Department of Justice Declares Age 18-20 Handgun Sales Ban Unconstitutional

News  

Wednesday, September 23, 2026

U.S. Department of Justice Declares Age 18-20 Handgun Sales Ban Unconstitutional

On September 17, the Department of Justice’s Office of Legal Counsel (OLC) issued a memorandum opinion to answer the question “whether restricting young adults from buying firearms comports with the Second Amendment as the Supreme ...

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.