Court Strikes Down California’s 30-Day Firearm Waiting Period

Gun rights groups like the Firearms Policy Coalition (FPC) have a reason to celebrate. Last week, judges from the Ninth Circuit Court of Appeals prevented a California law limiting residents to purchasing more than one gun per month from going into effect.

The ruling is the culmination of a years-long legal battle that began in 2020. However, the fight is likely to continue in court.

Finally some good news for California gun owners.

Court Strikes Down California’s 30-Day Firearm Waiting Period

A three-judge panel reached the decision on August 15. Previously, the case’s plaintiffs sued the defendant (the State of California) about a law restricting citizens to buying a single gun every 30 days.

The US District Court for Southern California ruled that that the law violated citizens’ Second and 14th Amendment rights. Attorneys for California appealed the decision to the Ninth Circuit.

While the court considered the appeal, California’s attorneys asked the District Court to grant an injunction and keep the law in effect. The court accepted.

The Ninth Circuit had other ideas, though. It struck down the District Court’s injunction, preventing California from enforcing the 30-day waiting period.

Context

Gun rights groups like the Second Amendment Foundation and FPC supported the plaintiffs in the case.

Prior to the court’s decision, California residents could only purchase a single firearm every 30 days. This was a relatively new development in the state, and only became law in 2020.

Jerry Yen, a spokesperson for the California Attorney General’s office, said that the law was aimed at criminals. According to Yen, it’s intended to stop illegal arms transfers like straw purchases.

In their initial court filings, the plaintiffs cited the Supreme Court’s previous decision in the gun-related case DC v Heller. This landmark 2008 case determined that the government can’t prevent citizens from acquiring guns for legal purposes (like self-defense). This ruling, the plaintiffs argued, made California’s 30-day waiting period unconstitutional.

The Big Picture

California is one of 13 states that have gun waiting period laws on their books. But while most states have 3- or 7-day waiting periods, California’s 30-day period was tied for the nation’s longest (with Minnesota).

While this is a great win for the gun rights crowd, this fight is far from over. Readers should expect to see the state of California appeal this decision. That would bring this case before the Supreme Court. However, just because the case gets appealed doesn’t mean the Supreme Court has to hear it.

Stay tuned for updates on this case as it develops.