10-Day Waiting Period For
Gun Purchases Upheld By Federal Appeals Court
By Kevin Daley from "The Daily Caller".
The 9th U.S. Circuit Court of Appeals has upheld a
California state law requiring a 10-day waiting period for the purchase of all
firearms.
Judge Mary Schroeder, a President Jimmy
Carter appointee, wrote the opinion for
the three judge-panel. Chief Judge Sidney Thomas wrote an opinion concurring in
the judgment.
The challenge to the California law was brought by
a coalition of pro-Second Amendment groups who claim it infringes a
constitutional right.
The court chose to apply intermediate
scrutiny in evaluating the law, which means that the government had to prove
that the law furthers an important government interest by means which are
substantially related to that interest. (RELATED: Judicial Vacancies
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In upholding the law the court wrote:
Thus the waiting period, as applied to these
Plaintiffs, and the safety storage precautions, as applied to the plaintiffs in
Jackson, have a similar effect. Their purpose is to promote public safety.
Their effect is to require individuals to stop and think before being able to
use a firearm.
The State is required to show only that the
regulation ‘promotes a substantial government interest that would be achieved
less effectively absent the regulation.’ The State has established that there
is a reasonable fit between important safety objectives and the application of
the WPLs to Plaintiffs in this case. The waiting period provides time not only
for a background check, but also for a cooling-off period to deter violence
resulting from impulsive purchases of firearms. The State has met its burden.
Thomas wrote separately because, while
he agreed with the court’s opinion in the majority, he believed the law was
presumptively constitutional because of the Supreme Court’s ruling in D.C. v. Heller, which sanctioned longstanding
regulations on the commercial sale of guns. California has imposed a
waiting-period on the sale of firearms in one form or another since the 1920s.
Therefore, in his view, the scrutiny analysis was redundant.
A lower court sided with the gun-rights
groups and struck down the law. The groups can now appeal to the full 9th
Circuit.
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