- Feb 17, 2011
- 14,024
The "cooling off" period is only on regulated purchases, is it not? I can go to Wally World and buy "Hunting" shotguns/rifles all week long.
I did not know about this case. It's interesting and, in a way, disappointing. Until now, the SAF always seemed to me very smart in picking its battles. This case seems a much closer call than others it has filed. While the analogies are not perfect, I can think of several contexts in which waiting periods/delays for constiutitonal rights have been approved by courts, including marraige licenses, registering to vote, abortion, demonstration/protest permits, etc... While there are (in my view) substantial arguments that the RTKBA is distinguishable from these, but I am not overly optimistic as I was with Heller and am with Wollard. Given the number of other more burdensome restrictions out there, I would think that te SAF's limited resources are better spent elsewhere.
That said, good luck to the SAF and CalGuns!
Court denies Harris’ arguments and agrees with gun rights group The Calguns Foundation, says state’s firearm waiting period laws fail to meet Constitutional muster.
this did not actually strike the law as I read it, it merely denied a motion to dismiss the lawsuit. Trial to follow?
The WPL as applied against those who have previously purchased firearms or who possess
certain state licenses is the equivalent of a prior restraint, and thus should be analyzed under strict
scrutiny
This is a good omen for Patrick's deposition tomorrow!