Calguns is challenging the law requiring a waiting period before taking possession of a firearm you have just purchased. The California AG, Harris, moved for a summary judgment dismissing the lawsuit. The judge slapped her down. A waiting period for someone who already owns a gun just doesn’t making any sense. The only reason for such a requirement must be to place a burden on the exercise of a specific enumerated right. If that is the only reason then the law is unconstitutional.
The complete decision is here.
The conclusion which makes me smile is:
Harris moves for summary judgment on each of the claims alleged by Plaintiffs. With respect to the Second Amendment claims, Harris has not sufficiently met her burden. Harris has not presented sufficient evidence to show that the WPL passes either intermediate or strict scrutiny for either the “background check” rationale or the “cooling off period” rationale. With respect to the Equal Protection claims, Harris has focused exclusively on rational basis scrutiny. However, Harris has not adequately demonstrated that rational basis scrutiny is appropriate. Therefore, Harris’s motion for summary judgment will be denied in its entirety.
The lawsuit challenging the waiting period will now go forward. It doesn’t means that the waiting period has been struck down, yet.