Silvester v. Kamala Harris CA 10 Day Wait

Inigoes · Aug 25, 2014

Mr H said:
You know I don't disagree!!

But there are realities at work, and among them is the toe-dance MD does with our Rights.

Within the wording of the ruling, MD could easily apply DC as being "certain groups", and as there is really no encumberance to attain it they could innocently say, "Where's the problem??"

I know

Getting the courts to disagree is the problem. They are okay with licensing for now. Their reasoning: allow the state to keep guns out of the hands of bad guys.

Evojoeix · Aug 25, 2014

I think if CA can get it done, MD can. They are much harsher on guns in CA

john_bud · Aug 25, 2014

I've written to my state (wi) rep about getting rid of our 3 day waiting period.

Mr H · Aug 25, 2014

john_bud said:
I've written to my state (wi) rep about getting rid of our 3 day waiting period.

Thank you.

This is exactly what more folks need to do (myself included to a degree)...

Keep the pressure on our elected officials, and show them where the country is heading.

john_bud · Aug 25, 2014

You're welcome. Took less than 3 minutes. (Hint hint)

Maestro Pistolero · Aug 25, 2014

It's quite a long decision and this judge did a fantastic job of tackling every detail. She didn't let the state get away with diddly. Kudos to this judge for applying reason and the law. So refreshing.

Parts of this ruling calls out AG Harris on some major technical gaps in her defense, like requesting that the court take judicial notice of exhibits not used or relied upon for any arguments:

If Defendant did not cite an exhibit or portion of an exhibit in her proposed findings and conclusions, then Defendant did not sufficiently rely upon such evidence. There was an inadequate demonstration of how such evidence was intended to be used and/or how the evidence is relevant. The Court will not comb through the hundreds of pages of proposed exhibits and make rulings if an exhibit is not actually cited and specifically relied upon by a party. Cf. Hargis v. Access Capital Funding, LLC, 674 F.3d 783, 792-93 (8th Cir. 2012) (courts need not take judicial notice of irrelevant evidence); Southern Cal. Gas Co. v. City of Santa Ana, 336 F.3d . . . .

Kamala looks ridiculous and incompetent. If this is the best we can expect, then Peruta is looking safer by the minute.

press1280 · Aug 26, 2014

One of my favorites from Harris was citing a book on early American life and how the 10 day waiting period would be OK since people didn't live near gunsmiths back in the day. Laughable.

Maestro Pistolero · Aug 26, 2014

press1280 said:
One of my favorites from Harris was citing a book on early American life and how the 10 day waiting period would be OK since people didn't live near gunsmiths back in the day. Laughable.

Right. It's quite a leap of logic to say that because purchasing firearms, well, purchasing anything, back in the time of founding might've taken 10 days or more, that the citizens, at the time of founding, would have accepted a 10 day wait imposed by the government. It is risible, to use one of my favorite Gura adjectives.

fightinbluhen51 · Aug 26, 2014

Maestro Pistolero said:
Right. It's quite a leap of logic to say that because purchasing firearms, well, purchasing anything, back in the time of founding might've taken 10 days or more, that the citizens, at the time of founding, would have accepted a 10 day wait imposed by the government. It is risible, to use one of my favorite Gura adjectives.

Thereby, I guess we should go back and use pony express to ship arms in place of UPS FedEx and USPS?

Wow.

FrankZ · Aug 26, 2014

fightinbluhen51 said:
Thereby, I guess we should go back and use pony express to ship arms in place of UPS FedEx and USPS?

Wow.

I bet she would love Amazon's Pony Express service.

fightinbluhen51 · Aug 26, 2014

FrankZ said:
I bet she would love Amazon's Pony Express service.

Maybe email should be banned because it is too speedy! No one has a right to write electronic mail and send it across the world in minutes!

FrankZ · Aug 26, 2014

fightinbluhen51 said:
Maybe email should be banned because it is too speedy! No one has a right to write electronic mail and send it across the world in minutes!

And texting!

Mr H · Aug 26, 2014

fightinbluhen51 said:
Maybe email should be banned because it is too speedy! No one has a right to write electronic mail and send it across the world in minutes!

Go back to old fax technology...

Really old...

http://inventors.about.com/od/bstartinventors/a/fax_machine.htm

swinokur · Aug 26, 2014

Mr H said:
Go back to old fax technology...

Really old...

http://inventors.about.com/od/bstartinventors/a/fax_machine.htm

MSP thinks it's still state of the art !!

:sad20:

fightinbluhen51 · Aug 26, 2014

swinokur said:
MSP thinks it's still state of the art !!

Well...considering their IT practices, I'd agree that it was more secure (perhaps).

Inigoes · Aug 26, 2014

MDFF2008 · Aug 26, 2014

OrbitalEllipses said:
If HQL got rid of the 7-day wait, I think more folks would go for it...but I doubt that would happen since there weren't any exemptions built into it (that I'm aware of).

MSP asked for this, and was told No.

krucam · Oct 5, 2014

The State of CA is Appealing the ruling to CA9.
http://www.archive.org/download/gov.uscourts.caed.233362/gov.uscourts.caed.233362.111.0.pdf

The Case # there is 14-16840

swinokur · Oct 5, 2014

Mark, can you refresh my memory on this case?

krucam · Oct 5, 2014

swinokur said:
Mark, can you refresh my memory on this case?

The 10 day waiting period on the purchase of a gun when you already have one (registered) and have a CA Certificate of Eligibility (COE), used for C&R purchases (ala MD Designated Collector), was ruled Unconstitutional.

See Post #92 1 page back for the SAF release.
:innocent0

Silvester v. Kamala Harris CA 10 Day Wait

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