Federal Judge Says California Attorney General Kamala Harris Wrong on Gun Control Laws

[hack89]

ROSEVILLE, Calif., Dec. 9, 2013 -- /PRNewswire/ -- In a rejection of California Attorney General Kamala Harris' stance on the rights of law-abiding gun owners, Senior Federal District Court Judge Anthony W. Ishii denied Harris' motion for summary judgement today in a federal civil rights lawsuit filed by The Calguns Foundation, indicating that California's 10-day "waiting period" gun laws are likely unconstitutional.

In his order, Judge Ishii said that Harris has "not presented sufficient evidence to show that the [10-day waiting period laws] passes either intermediate or strict scrutiny."

About the laws being challenged in the case, named plaintiff Jeff Silvester of Hanford, California, said, "I have a license to carry a loaded firearm across the State. It is ridiculous that I have to wait another 10 days to pick up a new firearm when I'm standing there in the gun store lawfully carrying one the whole time."

Judge Ishii was appointed to the Federal District Court for the Eastern District of California by President Bill Clinton in 1997.

Read more here: http://www.sacbee.com/2013/12/09/5986084/federal-judge-says-california.html#storylink=cpy


A ray of common sense.

[bossy22]

1. Smart judge

finally someone calls out the "cooling off period" for being illogical if someone already owns a gun. Gunnies have been saying this for years

[DonP]

2. It seems she assumed this would be a no brainer

Her argument was the state felt the waiting period reduced violence, ergo they needed present no further rationale. I guess they are used to getting away with that in Cali?

I'm thinking she was caught totally off balance when he said the equivalent of, "Ummm, no".

This is going to be interesting, especially since the Governor refused to sign some of the legislation they were trying to ram through.

[beevul]

3. Prior restraint.

A right delayed, is a right denied.

[Eleanors38]

4. She might want to stick to revenge porn.

[appal_jack]

5. Yes, a reasonable and common sense decision by a judge appointed to the bench by a Democrat. nt