Federal Judge Says California ‘Waiting Period’ Gun Laws Are Likely Unconstitutional

Guns on sale / AP


Senior Federal District Court Judge Anthony W. Ishii on Monday denied California Attorney General Kamal Harris’ arguments in a federal civil lawsuit, indicating that California’s 10-day "waiting period" laws are likely unconstitutional.

The 10-day waiting period law means that gun purchasers in California must wait a minimum of ten days before they can take possession of the purchased guns.

"The fact that a federal judge saw these laws for what they are — baseless restraints on the exercise of a fundamental civil right — is monumental," explained Gene Hoffman, chairman of The Calguns Foundation, which filed the suit. "California’s waiting period laws for those who own guns is not Constitutional and this order really underlines the point."

The judge said in his order that the 10-day waiting period laws have not passed strict enough scrutiny.