California 10 Day Waiting Period Is Over

Published on May 2, 2023
Duration: 7:15

This video from Copper Jacket TV discusses the legal challenges to California's 10-day firearm waiting period, arguing it violates the Second Amendment. It highlights how the Bruen decision has shifted the legal landscape, requiring laws to be based on text, history, and tradition rather than an 'interest balancing' approach. The lawsuit contends that even a short delay constitutes a ban on a fundamental right, especially when background checks are instantaneous.

Quick Summary

California's 10-day firearm waiting period is being challenged as a violation of the Second Amendment, with lawsuits like Richards v. Bonta arguing that 'a right delayed is a right denied.' The Bruen decision mandates that gun laws must align with the text, history, and tradition of the Second Amendment, making the mandatory delay unconstitutional, especially when background checks are instantaneous.

Chapters

  1. 00:05California Gun Control & Waiting Period
  2. 00:34SDI Channel Sponsor
  3. 01:13Gun Control Laws Being Overturned
  4. 01:36The Interest Balancing Approach & Bruen
  5. 02:28Second Amendment Lawsuit Reading
  6. 04:37Lawsuit's Point of View on Bans
  7. 05:21Background Checks vs. Waiting Period

Frequently Asked Questions

What is the main legal argument against California's 10-day firearm waiting period?

The primary argument is that the 10-day waiting period violates the Second Amendment, as 'a right delayed is a right denied.' Lawsuits contend that any prohibition on exercising a fundamental constitutional right, even for a short duration, is an infringement, especially when background checks are instantaneous.

How has the Supreme Court's Bruen decision impacted gun control laws like California's waiting period?

The Bruen decision shifted the legal standard, requiring gun laws to be justified by the text, history, and tradition of the Second Amendment, rather than an 'interest balancing' approach. This has opened doors for challenging existing laws that don't meet this new historical test.

What is the significance of the 'Richards v. Bonta' lawsuit?

This lawsuit, with the Second Amendment Foundation as a plaintiff, specifically challenges California's 10-day firearm waiting period. It argues that the law infringes upon the right to keep and bear arms by imposing an unnecessary delay on law-abiding citizens.

Why is the speed of background checks relevant to the waiting period debate?

The fact that background checks in California often come back instantly highlights the perceived arbitrariness of the 10-day waiting period. Critics argue that if eligibility is confirmed immediately, the subsequent mandatory delay serves no public safety purpose and is therefore an unconstitutional infringement.

Related News

All News →

More 2nd Amendment & Law Videos You Might Like

More from Copper Jacket TV

View all →