The Ninth Circuit Court of Appeals issued an opinion on Wednesday to uphold a California law that requires a full 10-day ‘cooling off’ period for all lawful purchases of firearms, even for purchasers who have previously bought guns and passed background checks in less than 10 days.
U.S. District Court Judge Anthony Ishi struck down a portion of the law in 2014 after it was challenged by a pair of California residents and two non-profit Second Amendment advocacy groups, the Calguns Foundation, Inc. and the Second Amendment Foundation, Inc. In his ruling, Judge Ishi determined the “10-day waiting periods impermissibly violate the Second Amendment” for gun purchasers who previously passed background checks or had permits to carrying concealed weapons.
At the heart of the plaintiffs’ challenge to the law is the claim that they have a right to possession of the firearm as soon as the required background check is completed. In other words, they are essentially saying there is no need to wait 10-days to take possession of the gun if the background check is completed beforehand.