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Waiting Periods Are “Burdens” on Second Amendment Rights

Larrry

Well-known member
COURT RULING: Waiting Periods Are “Burdens” on Second Amendment Rights
December 18 2013
by Dan Cannon


Stock - Gun with bulletsScore another minor court victory for gun-rights.

A judge in California has ruled that mandatory waiting periods to purchase firearms are a burden on constitutionally guaranteed Second Amendment rights.

The ruling was in relation to a case being brought by the Second Amendment Foundation challenging the constitutionality of California’s mandatory 10 day waiting period.

According to WND,

It was Senior Judge Anthony Ishii of the U.S. District Court for the Eastern District of California who said in an 11-page decision 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.”

He wrote: “The court concludes that the WPL burdens the Second Amendment right to keep and bear arms.”

Alan Gottlieb, SAF executive vice president, said the statement is important.

“Judge Ishii’s comparison of the waiting period to a prior restraint is significant,” Gottlieb said. “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 case, Silvester v. Harris, will continue to move through the court system

http://gunssavelives.net/news/court-ruling-waiting-periods-are-burdens-on-second-amendment-rights/







“No Kingdom can be secured otherwise than by arming the people. The possession of arms is the distinction between a freeman and a slave.”
- James Burgh

“The Constitution shall never be construed to prevent the people of the United States who are peaceable citizens from keeping their own arms.”
- Samuel Adams

“The right of the people to keep and bear arms shall not be infringed. A well regulated militia, composed of the body of the people, trained to arms, is the best and most natural defense of a free country.”
- James Madison

“Americans have the right and advantage of being armed, unlike the people of other countries, whose leaders are afraid to trust them with arms.”
- James Madison
 
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