Just wondering if this is good or more bad for those living in Kommiefornia.

http://www.calgunsfoundation.org/2013/12/silvester-v-harris-case-update-cgfs-second-amendment-challenge-10-day-waiting-period-ban/

Byline from article posted on the CalGuns site:

ROSEVILLE, CA — 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.

“The fact that a federal judge saw these laws for what they are — baseless restraints on the exercise of a fundamental civil right — is monumental,” explained Gene Hoffman, Chairman of The Calguns Foundation. “California’s waiting period laws for those who own guns is not Constitutional and this order really underlines the point.”

Hyperlink to that article: http://www.calgunsfoundation.org/2013/12/federal-judge-says-california-attorney-general-kamala-harris-wrong-gun-control-laws/

Good decision for "us" that could have far reaching implications across the nation.

Our own 14 waiting period is stupid.  It was passed under the presumption of the same lame idea of a cooling off period.

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Wow! We need some judges like Judge Ishii in Hawaii's Federal Court System! He ruled that even under inappropriate intermediate scrutiny the law is unconstitutional, not to mention of course also failing under the appropriate strict scrutiny.

Yeah, if 10 days wait is unconstitutional, what does that make Hawaii's "minimum 14 day" waiting period? I like how Judge Ishii called out as totally irrational the idea of a "cooling off period" for people who have previously qualified as firearm purchasers and already own at least one firearm. I guess the idea was that a person goes so crazy and bent on violence that they forget they already have a gun to act out their rage and think they have to go buy a new one and use that one rather than the one(s) they already have at home. It only took the courts 20-something years to see the fallacy of that. Judge Ishii also mentions that there is no evidence whatsoever that a "cooling off period" actually has any effect on the crimes it targets. Other than that fact, it's a well-intentioned feel-good meaningless useless unconstitutional law.

Let's hope such reasonable arguments prevail in the Ninth Circuit and other (now likely) upcoming challenges to our Hawaii Second Amendment-infringing laws.

I agree. In Free America, people only wait 3-5 days maximum for both in/out of state residents. The same states also grant a instant sale to individuals who are residents of the state that hold a CCW card.

Of course, this isn't Free America, so no sense in even wishing.

In Free America, there is no wait.  Accept no imposters; any place that claims to be part of Free America but makes you wait to purchase guns is lying.

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It takes 3-5 days to verify the background check; I'm fine with that.

And if you have a CCW or permit to acquire, it serves as an instant background check, so I agree with that also.

I don't agree with registration, but I do agree with CRIMINAL background checks when purchasing from an FFL, because its to save the owner's ass if they try to hold him accountable.

Why does it take 3-5 days but in the mainland it takes 10 mins to do the ncis check over the phone and you can walk right out with the firearm. I don't see what the extra days are needed for.

Why does it take 3-5 days but in the mainland it takes 10 mins to do the ncis check over the phone and you can walk right out with the firearm. I don't see what the extra days are needed for.

The answer I've gotten from the people who do the paperwork is that "there is only one person, on Oahu, who has to do all the "medical record" ("mental health") checks". I also know that at least sometimes they receive clearance and have the permits prepared well in advance of the 14th day. They definitely are not happy if you have permits for two consecutive days, call on the first allowable day (day 14) to ask about the first permit, and then ask if they know if the permit for tomorrow will be ready on time... "You have to call tomorrow to ask about that one"... even though I'm pretty sure they're looking at in their hand.

My conclusion, call me cynical and/or paranoid and/or deluded, is that at least PART of the reason for the delay is just because they can, and want you to know that no matter how illogical, irrational, meaningless or arbitrary certain laws and rules are, they have the power to enforce those laws and rules and there is nothing you can do about it. They are the boss of you. "Now shut up and quit whining. We'll let you have a firearm (that meets our criteria) when WE damn well please."

Why does it take 3-5 days but in the mainland it takes 10 mins to do the ncis check over the phone and you can walk right out with the firearm. I don't see what the extra days are needed for.

Unfortunately, it's the way the law is written.  It doesn't have anything to do with how long it takes or common sense.  The law is pretty much a mess - blame the legislature.    If, for argument's sake, you concede that the 14 day cooling off period might save lives (for argument sake, only), why does the 14 day wait cover subsequent handgun purchases?  I doubt someone with criminal intentions would decide they didn't want to use their existing handgun to commit a crime, apply for a permit for a new handgun and then cool off. 

My theory is that the laws are written in a way to cover the person who wants a single gun for protection and the legal structure makes it very much a pain for competitive shooters and gun collectors.  In my experience HPD is trying to deal with the mess as well.  Parts of the law are contradictory and much of it is very confusing.  Unfortunately, trying to fix it in a wholesale way would probably open a can of worms in the legislature.

Wow! We need some judges like Judge Ishii in Hawaii's Federal Court System! He ruled that even under inappropriate intermediate scrutiny the law is unconstitutional, not to mention of course also failing under the appropriate strict scrutiny.

Yeah, if 10 days wait is unconstitutional, what does that make Hawaii's "minimum 14 day" waiting period? I like how Judge Ishii called out as totally irrational the idea of a "cooling off period" for people who have previously qualified as firearm purchasers and already own at least one firearm. I guess the idea was that a person goes so crazy and bent on violence that they forget they already have a gun to act out their rage and think they have to go buy a new one and use that one rather than the one(s) they already have at home. It only took the courts 20-something years to see the fallacy of that. Judge Ishii also mentions that there is no evidence whatsoever that a "cooling off period" actually has any effect on the crimes it targets. Other than that fact, it's a well-intentioned feel-good meaningless useless unconstitutional law.

Let's hope such reasonable arguments prevail in the Ninth Circuit and other (now likely) upcoming challenges to our Hawaii Second Amendment-infringing laws.

They pretty much are part of our federal system. We are the same circuit, so it's all good. Wait till they win - it will be interesting.

Coufar8045:
"In Free America, there is no wait.  Accept no imposters; any place that claims to be part of Free America but makes you wait to purchase guns is lying."

Q:
"It takes 3-5 days to verify the background check; I'm fine with that. "

You are?

Repeating for truth:

"In Free America, there is no wait.  Accept no imposters."

I subscribe to the hammer theory of gun purchases.  You go through the same paperwork to buy a gun as you do to buy a hammer.

Terry said that, and he ain't takin' it back.

Coufar8045:
"In Free America, there is no wait.  Accept no imposters; any place that claims to be part of Free America but makes you wait to purchase guns is lying."

Q:
"It takes 3-5 days to verify the background check; I'm fine with that. "

You are?

Repeating for truth:

"In Free America, there is no wait.  Accept no imposters."

I subscribe to the hammer theory of gun purchases.  You go through the same paperwork to buy a gun as you do to buy a hammer.

Terry said that, and he ain't takin' it back.

I bought 2 handguns in Oklahoma City before the Age of the Internet.  Both times, I waited about 10-15 minutes while the store clerk ran my background check.  They came back and said I was good to go ... almost!  I still had to leave my gun there for the 3-day "cooling off" waiting period.  I returned in 3 days, bought ammo and targets, and was shooting them the same day of pick up ... no long lines registering.

There is NO reason to have a wait for the background check.  This isn't a security clearance investigation.  They check readily available databases, and either approve or reject the purchase.

After the first handgun, there should be NO FURTHER cooling off periods on new handgun purchases, as punaperson explained.  Forcing a cooling off for someone already in possession of a handgun has no effect.