• Home
  • About
    • About Christopher di Armani
    • Disclosure Statement
    • Code of Ethics
    • Privacy Policy
  • Contact
  • Gun Laws 101
  • FPO Violators
  • Store
  • Donate
  • Hire Me

Christopher di Armani.com

In Praise of Individual Rights and Freedoms

  • Top 25
  • Big Brother
    • Access To Information
    • Bureaucratic Incompetence
    • Bureaucrat’s Rule #1
    • Censorship
    • Feeding at the Government Trough
    • Lemonade Freedom
  • Common Sense
    • Expressions of Gratitude
    • Good Samaritans
    • Good Stuff
    • In Memoriam — Remembering our Heros
    • Life
    • Personal Responsibility
    • Politically Correct Madness
  • Courts
    • Abusive Prosecutions
    • Civil Forfeiture
    • Human Rights Tribunals
    • Judicial Corruption
    • Justice Denied
    • Justice System Abuses
    • Police Sentencing Double-Standards
    • Prosecutorial Misconduct
    • SLAPP Lawsuits
  • Crime
    • Abuse of Trust
    • Canadian Mass Murders
    • Firearm Prohibition Orders
    • Human Depravity
    • Immigration Issues
    • Racism
    • Restraining Orders
    • Sexual Predators
    • Violent Criminals
    • Wrongful Convictions
  • Guns
    • Concealed Carry
    • Dial 9-1-1 and Die
    • Firearms Act
    • Fun Gun Stuff
    • Gun Control
    • Gun-Free Zones
    • Gun Politics
    • Gun Registration
    • Negligent Discharges
    • Target Shooting Competitions
  • Islam
    • Canadian Islamic Disgraces
    • Islamic Terrorism
    • Radical Islam
    • Sharia Law
    • The Religion Of Peace
  • Police
    • Abuse of Police Authority
    • Filming Police
    • Great Police Officers
    • Officer Down
    • Police Brutality
    • Police Corruption
    • Police Misconduct
    • RCMP Accountability
    • RCMP Hall of Shame
    • Warrantless Searches
  • Politics
    • Elections
    • Ethics in Politics
    • Political Antics
    • Political Corruption
    • Social Justice
    • Stupid Human Tricks
    • Union Bay Improvement District
  • Rights
    • Charter of Rights and Freedoms
    • Constitutional Violations
    • Freedom of Assembly
    • Freedom of Religion
    • Freedom of Speech
    • Property Rights
    • Privacy Rights
    • Self-Defense
    • Unreasonable Search and Seizure

US Judge Declares Waiting Periods are a “Burden” to the Second Amendment Right

Published December 20, 2013 by Christopher di Armani Filed Under: Gun Politics, Guns, Self-Defense


Second-Amendment-Foundation-LogoA California judge ruled the current state-imposed waiting period to take possession of a firearm is a burden on the Second Amendment, the constitutional right to keep and bear arms. The Second Amendment Foundation (SAF) filed a legal challenge, Silvester v. Harris, to California’s mandatory 10-day waiting period to take possession of a firearm.

In his 11-page decision U.S. District Court Senior Judge Anthony Ishii wrote that California Attorney General Kamala Harris

“argues that the WPL (Waiting Period Law) is a minor burden on the Second Amendment, [but] plaintiffs are correct that this is a tacit acknowledgement that a protected Second Amendment right is burdened. The court concludes that the WPL burdens the Second Amendment right to keep and bear arms.”

Alan Gottlieb, SAF executive vice president, was very pleased with the ruling.

“Judge Ishii’s comparison of the waiting period to a prior restraint is significant. He further stated that Harris, in her motion to dismiss the case, had not shown that the waiting period law is effective in reducing gun-related violent crime, or in keeping guns out of the wrong hands where the government has already issued that purchaser a License To Carry or a Certificate Of Eligibility.”

The group Calguns is arguably one of Cslifornia’s most active state firearms advocacy organizations. Calguns Chairman Gene Hoffman said it is

“refreshing to see lower federal courts taking the burden of intermediate scrutiny or strict scrutiny seriously. California has such a byzantine scheme of gun control that it can’t justify making people who already own firearms registered with the state of California wait 10 days to buy a new gun after they complete a background check,” Hoffman said. “We look forward to bringing some common sense back to how the law-abiding buy and sell registered guns in California.”

Judge Ishii made a point to note

“[There] has been no showing that the Second Amendment, as historically understood, did not apply for a period of time between the purchase/attempted purchase of a firearm and possession of the firearm.”

The Second Amendment states:

“A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.”

Gottlieb said the judge wisely concluded, as did Martin Luther King Jr., that “a right delayed is a right denied.”

Author

  • Christopher di Armani

    Christopher di Armani is a freedom-loving Amazon bestselling author and current events commentator from Lytton, BC, Canada, who strives to awaken the passion for liberty inside every human being.

Check your inbox or spam folder to confirm your subscription.

Tags: Alan Gottlieb, Calguns Chairman Gene Hoffman, featured, SAF executive vice president, second amendment, Second Amendment Foundation (SAF), the constitutional right to keep and bear arms, U.S. District Court Senior Judge Anthony Ishii

Did you find value in this article?

If you found this article useful or it contained valuable information and you want to thank me, the best way is to buy me a coffee or two. I'm very grateful for your support and would love to send you one of my "Thank You" gifts.

.

There appears to be an issue with the Chrome browser and the “Buy Me a Coffee” widget above. If you want to buy me a coffee and the link doesn’t work for you, please use one of these methods instead:

1. Send an Interac eTransfer to author @ christopherdiarmani.net (remove spaces)

2. Send via PayPal using this link: https://www.paypal.me/ThatLibertyGuy

3. Use your credit card in my online store to support me with a one-time donation, a monthly recurring donation, or an annual donation. See these links for all the details about the thank-you gifts I offer my supporters.

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Subscribe to my commentaries

Check your inbox or spam folder to confirm your subscription.

  • Email
  • Facebook
  • Pinterest
  • RSS
  • Twitter

Latest Tweets

Follow @ThatLibertyGuy

Christopher di Armani 🇨🇦
@ThatLibertyGuy

  • 6/n Any person with information regarding the theft of these firearms and property should immediately contact the… twitter.com/i/web/status/1…
    about 5 hours ago
    Reply Retweet Favorite
  • 5/n .30-30 rounds, approximately four boxes, .303 British, three to four boxes, .306 calibre, approximately five bo… twitter.com/i/web/status/1…
    about 5 hours ago
    Reply Retweet Favorite
  • 4/n .270 bolt action Winchester, model 70, light wood stock, bearing a Leupold 2 to 7 scope (estimated value: $1,4… twitter.com/i/web/status/1…
    about 5 hours ago
    Reply Retweet Favorite
  • 3/n Firearms stolen: 12-gauge single-shot Sears shotgun (estimated value: $400); .22 Marlin with scope, bolt action… twitter.com/i/web/status/1…
    about 5 hours ago
    Reply Retweet Favorite
  • 2/n Sometime between Saturday Feb. 6 and Friday Feb. 12, a break and enter occurred at a single dwelling residence… twitter.com/i/web/status/1…
    about 5 hours ago
    Reply Retweet Favorite

Most Popular This Week

  • Bill Blair Enrages Liberals’ Most Ardent Supporters with C-21
  • Darwin Award Winner Shoots Off His Own Testicles
  • DENIED! Bonnie Henry’s Injunction Against Churches Denied by Chief Justice Christopher Hinkson
  • Bonnie Henry’s Health Orders Stand Trial on March 1st
  • Misfires and Lawsuits Plague Sig Sauer P320
  • Bill Blair: Edmonton Drug Dealer Busted for Violating Firearms Prohibition Order
  • Another Drug Dealer with Firearm Prohibition Order Busted with Illegal Guns and Drugs

Most Popular This Month

  • Membership has its Privileges: the Constable Adree Mohammed Zahara Story
  • Dr. Bonnie Henry to Arrest, Jail Pastors for Defying Her Senseless Public Health Orders
  • Bonnie Henry’s Health Orders Stand Trial on March 1st
  • Bonnie Henry Wants to Arrest Churchgoers, not just Pastors
  • Blackcomb-Whistler Skiers Highlight COVID Enforcement Hypocrisy
  • DENIED! Bonnie Henry’s Injunction Against Churches Denied by Chief Justice Christopher Hinkson
  • Shane Donovan Files $2 Million Lawsuit against Niagara Regional Police, Constable Nathan Parker

© 2004–2021 ChristopherDiArmani.com | All Rights Reserved

Close

Buy me a cup of coffee

A ridiculous amount of coffee was consumed in the process of writing these articles. If you enjoy my work, please buy me a coffee or two to keep me going!