Please ensure Javascript is enabled for purposes of website accessibility
CA's 10-Day Gun Waiting Period Faces a New Legal Challenge
Facebook-Picture-Phelps-Brian
By Brian Phelps
Published 2 years ago on
May 10, 2023

Share

Getting your Trinity Audio player ready...

A pro-gun coalition filed a lawsuit last week against state Attorney General Rob Bonta (Richards v. Bonta) in an effort to overturn California’s “cooling period” law for firearms.

The Firearms Policy Coalition, along with the San Diego County Gun Owners PAC, California Gun Rights Foundation, and Second Amendment Foundation, sued the state. They hope to strike down the law requiring a 10-day wait before an individual can possess a purchased firearm.

“A right delayed is a right denied” the coalition stated in its complaint. “Defendants’ enforcement of the Waiting Period Laws prevents law-abiding people from taking possession of lawfully acquired firearms for immediate self-defense.”

According to California Penal Code Sec. 26815, the cooling-off period even applies to purchasers who have passed a background check.

Law Challenged Previously

The law has been tested before. In 2018, Silvester v. Becerra was heard in the Ninth Circuit, which upheld the constitutionality of the law. Furthermore, the U.S. Supreme Court didn’t take up the resulting appeal.

The plaintiffs contend that “the state may not prevent a law-abiding person from taking possession of an arm after it confirms that the person is not prohibited from possessing firearms.”

In their view, after looking at state and federal databases and finding no records to prevent an applicant from obtaining a firearm, the dealer should turn over the firearm “without delay.”

Laws on the Books in Other States

Other states also have similar laws in place. Maryland and New Jersey have a 7-day waiting period for handgun sales; Minnesota and Washington have a 7-day waiting period for assault rifle sales; and Rhode Island, Hawaii, Florida, and Illinois have waiting periods with varying wait times.

On the day the lawsuit was filed, Bonta and his office released a statement saying they “have received the complaint and are reviewing it.”

RELATED TOPICS:

DON'T MISS

What Are Fresno Real Estate Experts Predicting for 2025 and Beyond?

UP NEXT

Valley Crime Stoppers’ Most Wanted Person of the Day: Felecia Johnson

X Marks the Spot: Bruised Musk Says His Young Son Punched Him

3 hours ago

PBS Suing Trump Administration Over Defunding, Three Days After NPR Filed Similar Case

4 hours ago

Authorities Seek Help Finding Relatives of Deceased Fresno Man

The Fresno County Sheriff-Coroner’s Office is asking for the public’s help in locating family members of a Fresno man who died last month. F...

2 hours ago

The Fresno County Sheriff-Coroner’s Office is seeking the public’s help to locate the family of Felipe Pech, 68, of Fresno, who died on April 23, 2025. (Fresno County SO)
2 hours ago

Authorities Seek Help Finding Relatives of Deceased Fresno Man

Felecia Johnson is Valley Crime Stoppers' Most Wanted Person of the Day for May 30, 2025. (Valley Crimes Stoppers)
3 hours ago

Valley Crime Stoppers’ Most Wanted Person of the Day: Felecia Johnson

3 hours ago

How in the World Did Fresno End Up on Trump’s Sanctuary Cities List?

3 hours ago

X Marks the Spot: Bruised Musk Says His Young Son Punched Him

4 hours ago

PBS Suing Trump Administration Over Defunding, Three Days After NPR Filed Similar Case

5 hours ago

Loretta Swit, Emmy-winner Who Played Houlihan on Pioneering TV Series ‘M.A.S.H.,’ Has Died at 87

5 hours ago

San Francisco 49ers Acquire Eagles Edge Rusher Bryce Huff, AP Source Says

5 hours ago

California Lawmaker Won’t Be Charged After Citation for Suspicion of Impaired Driving

Help continue the work that gets you the news that matters most.

Search

Send this to a friend