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Courts strike California 10-day waiting period and Baton Rouge gun possession restrictions

Courts strike California 10-day waiting period and Baton Rouge gun possession restrictions

Two more big 2nd Amendment wins.

Just a quick note on a pretty good 24 hours for the Second Amendment with a pair of favorable Federal court decisions out of California and Louisiana, respectively.

Federal Court Rules California 10-day Waiting Period Unconstitutional (for Some)

As reported by Calguns, California’s 10-day waiting period for gun purchases has been ruled unconstitutional (for all least some residents), in Silvester v. Kamala, in the US District Court for the Eastern District of California (full decision embedded below):

California’s 10-day waiting period for gun purchases was ruled unconstitutional by a federal judge this morning in a significant victory for Second Amendment civil rights. The laws were challenged by California gun owners Jeffrey Silvester and Brandon Combs, as well as two gun rights groups, The Calguns Foundation and Second Amendment Foundation.

In the decision released this morning, Federal Eastern District of California Senior Judge Anthony W. Ishii, appointed to the bench by President Bill Clinton, found that “the 10-day waiting periods of Penal Code [sections 26815(a) and 27540(a)] violate the Second Amendment” as applied to members of certain classifications, like Silvester and Combs, and “burdens the Second Amendment rights of the Plaintiffs.”

Under the court order, the California Department of Justice (DOJ) must change its systems to accommodate the unobstructed release of guns to gun buyers who pass a background check and possess a California license to carry a handgun, or who hold a “Certificate of Eligibility” issued by the DOJ and already possess at least one firearm known to the state.

Here’s the full decision:

Louisiana Court Rules Ban on Gun Possession Near Alcohol Unconstitutional

As reported at the Volokh Conspiracy, a Baton Rouge ordinance (§ 13:95.3) that banned the possession of guns on property where alcohol is served or sold–inclusive of the parking lots of such establishments, the scope of which includes grocery stores and Walmart–has been found unconstitutional in Taylor v. City of Baton Rouge  by the US District Court for the Middle District of Louisiana (decision embedded below).  Interestingly, this decision was made in response to a motion for default judgment, indicating that the city of Baton Rouge had simply failed to adequately respond:

[T]he Court finds that Taylor’s allegations, which the Court accepts as true based on Defendants’ default, are sufficient to establish a viable claim for relief under the Second Amendment. Consequently, the Court concludes that Plaintiff has established a sufficient basis for judgment in his favor.

–-Andrew, @LawSelfDefense


Andrew F. Branca is an MA lawyer and the author of the seminal book “The Law of Self Defense, 2nd Edition,” available at the Law of Self Defense blog (autographed copies available) and Amazon.com (paperback and Kindle). He holds many state-specific Law of Self Defense Seminars around the country, and produces free online self-defense law educational video- and podcasts at the Law of Self Defense University.

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Comments

Not sure though whether or not this is a temporary victory in CA – it is in the 9th Circuit. We shall see.

Traveling with my iPad right now, so will wait until I can actually read the decisions, but I do like them. I bought my first firearm, almost 30 years ago (12 gauge shotgun) after being assaulted by a business partner. He had taken to driving slowly by my house, until the time he saw the shotgun. Don’t think I ever saw him again personally after that, which is all to the good. Long way of saying that when you need a gun, you need it. There are times when 10 days could be fatal. (Yes – that could be said for a lot of situations, but at least when I bought that shotgun, I could safely stay in this store until the sale completed).

I’m not seeing much about this story about wealth redistribution on any of my favorite *conservative* sites:

http://www.ibtimes.com/gov-christie-shifted-pension-cash-wall-street-costing-new-jersey-taxpayers-38-billion-1667622

Has the propaganda wing of the *conservative* collective released its double-think on this yet?

!!!Benghazi!!!

    Ragspierre in reply to Gus. | August 26, 2014 at 12:28 pm

    Oh, heavens…!!!

    The DEEP blue cleptocracy that the Collective built is broken.

    And Wall Street FOBs (all BIG Deemocrat donors) are scooping up some MORE $$$.

    Oh, and Mr. Sun rose up in the East.

    (yawn)

    Gus Gus Gus… spammin’ for attention, eh? Poor little Proggy… 😀

    stevewhitemd in reply to Gus. | August 26, 2014 at 1:06 pm

    Go away, hijacker. You want to discuss something, email Prof. Jacobson.

      My bad. I forgot that all topics must be approved by your collective’s masters. No doubt you will be rewarded with extra cigarettes for dutifully staying in line.

        Sanddog in reply to Gus. | August 26, 2014 at 2:59 pm

        It’s just polite to stay on topic. Venturing off into a ditch in order to avoid the topic being discussed displays a level of immaturity that’s more commonly seen on Kos or DU.

    then start your own site and post whatever stories you want.
    lets see how you do paying the server/host bills.
    put YOUR money where your mouth is.

    Gremlin1974 in reply to Gus. | August 26, 2014 at 3:19 pm

    You are just beyond sad!

What’s missing is a decision striking down a cap on magazine capacity.

Apparently Gus is so ill-informed that he thinks Christie is considered a conservative by the “conservative collective”.

Henry Hawkins | August 26, 2014 at 1:17 pm

When can we have flamethrowers? I need one by next Thursday.

    Ragspierre in reply to Henry Hawkins. | August 26, 2014 at 1:27 pm

    You can legally have a flamethrower. I have mine.

    You can legally own a mini-gun in lots of states, if you can afford to feed it…

How surprising. The Tealiban collective isn’t interested in hearing about how their privatization scheme (markets!!) is an abject failure and waste of taxpayer money. It seems that as long as their masters are happy, they are happy.

Judging by the “responses”, their masters haven’t yet passed out the propaganda for them to swallow. So for now, we have always been at war with Chris Christie.

Now, back to !!Benghazi!!

    Miles in reply to Gus. | August 26, 2014 at 2:44 pm

    Gawd, you are so pathetic that you try to hijack a thread.

    What is your major malfunction numb nuts? Didn’t Mommy and Daddy show you enough attention when you were a child?

    Ragspierre in reply to Gus. | August 26, 2014 at 2:54 pm

    I always love it when GuZ shows up to show his ass like this.

    Name a pension fund that is NOT invested in private instruments, moron.

    “Privatization” doesn’t mean what you stupidly suggest, ya idiot. It would mean that each participant would be allowed to invest all or part of their equity according to their own lights. You could call it “freedom”.

    Whadda moron! AND you just LOVE waving it around…!!!

      “Name a pension fund that is NOT invested in private instruments, moron.”

      Captain Straw Man rides again. So, now your collective is defending Gov. Stay Puff’d. Check.

      Your collectivist hero handed over the public pension system to a manager, who then handed over public money to firms with higher management fees ($250 million higher), and who provided shittier returns because they invested in riskier funds like that are traditionally inappropriate for pensions.

      So maybe we should privatize social security – because this is what it would look like.

      But you know this – you’re just lying about it.

        ConradCA in reply to Gus. | August 29, 2014 at 12:21 am

        Are you the same Gus who posts on 24hourcampfire.com? No one over there takes you seriously. You seem to have found a new bunch of people that don’t realize that your off your meds.

      Ragspierre in reply to Ragspierre. | August 26, 2014 at 3:21 pm

      “The Tealiban collective isn’t interested in hearing about how their privatization scheme (markets!!) is an abject failure and waste of taxpayer money.”

      …and then…

      “Captain Straw Man rides again.”

      I merely corrected you LIES, liar. I don’t use straw men. Barracula has all of them conscripted for his speeches.

      Christie appointed a NEW manager. That is, he replaced one with another. Was that a wise choice? Well, time will tell. Was it wrong, corrupt, criminal…???

      Not according to anything in your piece.

      I don’t lie. I leave that you pukes like you.

      BTW, your psychosis is showing. There is no such thing as a “Tealiban”. And Christi is certainly not a TEA party type.

    Gremlin1974 in reply to Gus. | August 26, 2014 at 3:24 pm

    Your the only one that has mentioned Benghazi.

    You are also trying to hijack a thread on second amendment court decision using an obvious liberal hit piece with questionable sourcing.

    So basically you can’t actually talk intelligently about the topic so you have to come up with something else to try to detract from the fact that once again your side lost.

    In my opinion its time for you and m1 to go.

    Gremlin1974 in reply to Gus. | August 26, 2014 at 3:26 pm

    Oh, and if you don’t mind I prefer the term Teahadist, if you don’t mind.

    Humphrey's Executor in reply to Gus. | August 26, 2014 at 8:51 pm

    I think New Jerseans should be glad Corzine wasn’t managing the money.

Say, GuZ, how’s that “gun control” thing working out for your Collective.

Seems like Americans like the ideas of freedom and civil rights, huh?

Henry Hawkins | August 26, 2014 at 6:05 pm

Are any other TP-ers out there find it a little creepy to have Gus fixating on us with such deep passion?

He’s like a puppy humping a table leg – all action and no effect.

What is a certificate of eligibility?

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