No more wait period for gun purchases

With the way things are going across our country as far as gun control, any news like this is good news!:thumbsup:
 
Doesn't all this have to do with technology?
Everything needed to know about you is on the card. Even things they don't need to know about you. :eek:
 
I used to work in a hardware store in the early 1970s and sold what I thought was a lot of guns. That was about the time an application and review became a requirement to buy a gun in Calif. along with a waiting period. I don't remember anything that was particularly onerous or inappropriate about the questions asked or the time period that was given to the police to review the forms. It was a simple one page form about the size of a traffic ticket with two (?) carbons. I seem to recall it was a shorter period back then making it impossible for the law enforcement agencies to do an adequate check anyway being pre computer age.
I haven't bought a gun in 30 years so don't know what is required now but I can't imagine what they'd ask that hasn't already been given to businesses and other arms of government.
 
I've bought a few guns within the last 5 years and I don't remember the questions being to bad. Are you clinically depressed? No. Are you a drug addict? No. Are you a convicted felon? No. Ok, you can have your gun in 10 days.
 
So glad this is overturned..waiting ten days is a crime...judge gave Cali 180 days to comply....so, still 10 day wait for now
 
It doesn't sound to me like anything of substance is going to change with this ruling. You still have to apply for a background check and wait for that to be completed. If the check is completed quickly and returned and you already legally own another gun, the new gun must now be released early and before the full 10 days have elapsed. It sounds like even with a release, before this suit the dealers still had to hang onto the gun for the full 10 days.
When I sold them we only heard if there was a problem and never if there wasn't one. Nothing will change because the law enforcement agencies will just not reply in the 10 day wait period. It used to say if no reply is received by the end of the 10 day period the application for review was deemed approved.

Here's a short description of the effect of the case. Maybe the decision reads differently but this is from the group that sued so... I don't see anything that says you only have to pass it once and you're good for all purchases afterward.

In Jeff Sylverster et al. v. Kamala Harris, the court writes, ?It is hereby ordered that the 10-Day waiting periods of California Penal Code section 26815(a) and section 27540(a) violate the Second Amendment as applied to those individuals who successfully pass the standard BFEC/standard background check prior to 10 days and who are in lawful possession of an additional firearm as confirmed by the AFS system.?
 
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the point of the ruling was that if you have already purchased a gun you have already been checked. You don't need a 'cooling off' period as you already have a gun if you were going to be stupid.

From the ruling there is a 180 day period for the AG to contest the ruling.
 
the point of the ruling was that if you have already purchased a gun you have already been checked. You don't need a 'cooling off' period as you already have a gun if you were going to be stupid.

From the ruling there is a 180 day period for the AG to contest the ruling.

The 10 day wait isn't just a "cooling off period." It's to allow the responsible agencies time to do the background checks that are required. The quicker release of a newly purchased firearm is conditioned on one of a number of things being in existence. You have a firearm that is registered to you that is in the DOJ's AFS data bank, you have a CCW permit, you have paid the money and processed the paperwork and have a COE (Certificate of Eligibility) or a clear background check has been returned for your purchase.
Only if you have one of those items and the clear background check has been returned can the 10 day period be waived. There is nothing I could find in the case that says a 10 day waiting period is no longer required in Calif. and in fact the opposite is true.
Here's the court's order. The underlining is my emphasis.
Here's the link to the whole case. It's interesting reading.

http://armsandthelaw.com/gov uscourts caed 233362 106 0.pdf


Accordingly, IT IS HEREBY ORDERED that:
The 10-day waiting periods of California Penal Code ? 26815(a) and ? 27540(a) violate the Second Amendment as applied to those individuals who successfully pass the BFEC/standard background check prior to 10 days and who are in lawful possession of an additional firearm as confirmed by the AFS system;
a.
If the BFEC/standard background check for such an individual is completed and approved before 10-days, Defendant shall immediately release the firearm for delivery to such individual and shall not wait the full 10-days;
The 10-day waiting periods of California Penal Code ? 26815(a) and ? 27540(a) violate the Second Amendment as applied to those individuals who successfully pass the BFEC/standard background check prior to 10 days and who possess a valid CCW license issued pursuant to California Penal Code ? 26150 or ? 26155;
a.
If the BFEC/standard background check for such an individual is completed and approved before 10-days, Defendant shall immediately release the firearm for delivery to such individual and shall not wait the full 10-days;
55
Case 1:11-cv-02137-AWI-SKO Document 106 Filed 08/25/14 Page 56 of 56


The 10-day waiting periods of California Penal Code ? 26815(a) and ? 27540(a) violate the Second Amendment as applied to those individuals who successfully pass the BFEC/standard background check prior to 10 days and who possess both a valid COE issued pursuant to California Penal Code ? 26710 and a firearm as confirmed by the AFS system.
a.
If the BFEC/standard background check for such an individual is completed and approved before 10-days, Defendant shall immediately release the firearm for delivery to such individual and shall not wait the full 10-days;
Defendant shall modify their BFEC procedures as they deem necessary so as to be able to comply fully and in good faith with this order;43
Nothing in this order is to be construed as interfering with Defendant‟s authority to deny a transfer or sale of a firearm to those who are prohibited by state or federal law from possessing a firearm;
Nothing in this order is to be construed as interfering with the Defendant‟s ability to delay a transfer or sale of a firearm when further investigation is required to confirm that a buyer or transferee is not prohibited by state or federal law from possessing a firearm; Paragraphs 1 through 6 of this order are stayed for a period of 180 days from entry of this order;
The parties shall appear for a status conference on December 8, 2014 in Courtroom No. 2 at 1:30 p.m.;44 and
The Clerk shall enter judgment in favor of Plaintiffs and against Defendant.
 
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