California law requires that a prospective purchaser of a firearm go in-person to a federally and state-licensed firearm dealer and apply for the transfer of a firearm. While this is not unique to California, what is unique is that even when the State has confirmed (often within minutes) that an individual is not prohibited from possessing firearms, California law imposes a 10-day waiting period before the person can receive the firearm. Thus, Californians are subject to an arbitrarily chosen delay before they may exercise their Second Amendment rights.
Worse, California’s law has nearly two dozen exemptions favoring certain classes of people, all while discriminating against the average, peaceable individual. Those favored classes include, among others, individuals who hold an “entertainment firearms permit” (“the Hollywood Exception”), various members of law enforcement, individuals who are loaned firearms for use as props, and consultants or evaluators who are loaned firearms.
On May 1, 2023, the Second Amendment Foundation filed suit, along with two other civil rights organizations, two firearms dealers and their owners, and four individuals. The lawsuit asks a federal court to declare that California’s waiting period violates Californians’ Second and Fourteenth Amendment rights and enjoin the Defendants from enforcing the waiting period against prospective purchasers.
Case Team: Bradley Benbrook, Stephen Duvernay
Case Documents
To access all of the case documents, please visit the docket.
Case Media