August 25, 2014 / 11:31 PM / 5 years ago

Judge says California gun waiting time not for all buyers

SAN FRANCISCO (Reuters) - A U.S. judge on Monday ruled unconstitutional a 10-day waiting period for gun buyers who already have a firearm, in the latest challenge to government regulation of gun ownership.

Senior U.S. District Judge Anthony Ishii in Fresno, California, wrote that the waiting period did not make sense for people who have a gun and passed a background check before the 10-day period was up. The ruling did not apply to first-time gun buyers.

“There is no evidence that a ‘cooling off period,’ such as that provided by the 10-day waiting period, prevents impulsive acts of violence by individuals who already possess a firearm,” Ishii wrote.

A spokesman for California Attorney General Kamala Harris said the office is reviewing the ruling. In a statement, lead plaintiff Jeff Silvester called the ruling “a great win for Second Amendment civil rights.”

Two gun owners, along with two advocacy groups, sued over the California regulations in 2011, and a trial was held before Ishii earlier this year. Ishii put the ruling on hold for 180-days to give California officials an opportunity to craft new laws that address the constitutional issue.

The case in U.S. District Court, Eastern District of California is Jeff Silvester et al. vs. Kamala Harris et al., 11-2137.

Reporting by Dan Levine

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