CA WAITING PERIOD DELAY LAWSUIT WIN - CAMPOS V BONTA

Published on August 11, 2022
Duration: 7:28

This video discusses the "Campos v. Bonta" lawsuit, where the Firearms Policy Coalition successfully challenged California's extended firearm waiting periods. The ruling clarifies that the California Department of Justice (DOJ) cannot legally extend the 10-day waiting period beyond the initial purchase unless specific, statutorily established criteria are met within those first 10 days, not simply due to administrative delays.

Quick Summary

The Campos v. Bonta lawsuit successfully challenged California's extended firearm waiting periods. The ruling states the California DOJ cannot legally extend the 10-day waiting period beyond the initial purchase unless specific, statutorily defined criteria are met within those first 10 days, not simply due to administrative delays.

Chapters

  1. 00:00Introduction: Lawsuit Win
  2. 00:12California's 10-Day Waiting Period Explained
  3. 01:22Issues with Extended Delays (Undetermined Status)
  4. 02:09DOJ Understaffing Claims
  5. 03:05Campos v. Bonta Lawsuit Filed
  6. 03:54Judge's Ruling on DOJ Delays
  7. 04:06FPC Statement on Legal Criteria
  8. 04:39DOJ's Policy of Extending to 30 Days
  9. 04:57Judge Mayer's Order Details
  10. 05:33DOJ Cannot Delay Without Reason
  11. 06:23Past DOJ Practices
  12. 07:16Conclusion: DOJ Put in Check

Frequently Asked Questions

What was the outcome of the Campos v. Bonta lawsuit regarding California's firearm waiting periods?

The Campos v. Bonta lawsuit resulted in a win for the Firearms Policy Coalition, challenging California's extended firearm waiting periods. The ruling clarified that the state's Department of Justice cannot legally extend the 10-day waiting period beyond the initial purchase without meeting specific, statutorily defined criteria within those first 10 days.

What is the standard firearm waiting period in California?

In California, there is a mandatory 10-day waiting period, which consists of 10 24-hour periods, from the time a firearm is purchased, background checks are completed, and all necessary paperwork is signed until the firearm can be released to the buyer.

Under what conditions can California's DOJ legally delay a firearm transfer?

California's Department of Justice can legally delay a firearm transfer for additional research only if substantial information discovered within the first 10 days of the background check meets at least one of three specific, statutorily established criteria. Simply not completing the background check within 30 days is not a sufficient legal reason for delay.

What was the main issue with the California DOJ's previous waiting period practices?

The main issue was the California DOJ's policy and practice of extending the 10-day waiting period to 30 days solely because background checks were not completed, without a legally justifiable reason. This often led to buyers being unable to legally acquire their firearms due to administrative delays.

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