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Redundant “Waiting Period” in California for Acquisition of Second Firearm Makes No Sense

towashington 089.gif By Bill Cavala
A veteran of over 30 years in Sacramento

When you go to acquire a handgun in California you have to “wait” for 10 days while a background check is conducted to insure that you are not a “prohibited person” – a convicted felon or mental defective. In addition, as part of this process the handgun is registered to the owner – though the owner does not get a registration card (an oversight being corrected by Senator Carole Migden’s SB 327). The “waiting period” also serves the purpose of “cooling off” someone who, in a fit of something, acquires a gun to do harm to someone else. The “cooling off” theory became popular when a Manson follower took a shot at President Ford with a gun acquired the previous day.

But if you own a gun already, the “cooling off” rationale no longer makes sense. You can use your old gun in a fit of something while “waiting” for he new one. Nor does it make sense to conduct a second or third background check every time you acquire a new firearm. Background checks cost money. Currently you undergo such a check the first time you acquire a gun – and again every year or so as the Justice Department “rechecks” under a 2001 law pushed by former AG Bill Lockyer to make sure you have not moved into a “prohibited person” category since the original check.

So why yet another check when you acquire an additional gun? The answer is that such an additional check is required by a federal law. At the time that federal law went into effect in 1998 it might have been possible to exempt Californian’s who “passed” the California-based registration system if the state certificate of eligibility (an extensive fingerprint based background check) was accepted by the feds as a “Brady compliant” permit.

But that effort was tanked by the National Rifle Association, the California Rifle and Pistol Association and their minions – who opposed the California system itself.

Today to make the California Certificate of Eligibility ”Brady” compliant would probably triple its’ cost. Once again letting the perfect be the enemy of the good, the N.R.A. helped produce the nutty system that requires a new check and a new “wait” for firearm owners - - be they licensed hunters or existing handgun registrants and even law enforcement personnel - who wish to acquire additional firearms. It is burden on the honest gunowner. It impedes the business of honest gunshops. It imposes unnecessary costs and slows the Justice Departments efforts to check first-time recipients.

All this so the N.R.A. can hold to its’ principle of refusing to compromise its’ inflexible position that any regulatory scheme violates the 2nd Amendment.

If the U.S. Supreme Court does the sensible thing, it will rule this year that the Second Amendment does indeed establish the right of an individual to “keep and bear arms”. Clearly it will also say that this individual right can be abridged when the government weighs it against the safety of the public.

That should shift the argument to focus on whether a regulatory scheme makes sense or not. And clearly forcing current legal registered gunowners to undergo a second, redundant and unnecessary waiting period does not make sense. California’s Congressional delegation should rectify this wrong. A wrong which does not advance the cause of either gun control advocates or of gun owners. And State policy makers should take those steps to make the California Certificate of Eligibility a “Brady” exempt permit.

All this to help extract honest gun owners from the “catch 22” web created by the N.R.A.

Bill Cavala was Deputy Director of the Assembly Speaker’s Office of Member Services where he worked for over 30 years.

He attended undergraduate and graduate school in the 1960’s and received a doctorate in political science at UC Berkeley. He taught political science at UC Berkeley during the 1970's while he worked part-time for the State Assembly.

Cavala left teaching at UC Berkeley and went to work for Assembly Speaker Willie Brown in 1981 until his tenure as Speaker ended in 1995, and he has worked for his five successors as Speaker up to and including Speaker Fabian Nunez.

Mr. Cavala manages election campaigns for Democratic candidates.

Posted on January 20, 2008

Comments

yo, Bill, it ain't about public safety, you know this. It's about incrementally taking your right to arms away. They will be successful.

Posted by: zach at January 21, 2008 08:36 AM

California began waiting periods for gun purchases and crime went up. So they increased the waiting period and crime went higher.
The simple fact is that criminals don't apply for a permit to rape or rob and they don't wait.

California should adopt the Alaskan laws, any citizen can buy a gun and walk out of the store in 15 minutes. Any citizen can get a permit to carry their gun concealed in Alaska, but they don't require a permit to carry in Alaska, the permit is for the convenience of the Alaskan who travels to the Lower 48, where about 40 Stattes honor the Alakan permit.

California does not honor out of state permits. Florida passed a concealed carry law over a decade ago. When tourists became targets of local criminals who had learned that local citizens could shoot back, Florida began issuing permits to out of state residents and honoring out of state permits. Tourism is safe in Florida and not in California.

Posted by: James H. Macklin at January 21, 2008 08:42 AM

If the Supreme Court does the sensible thing this year with due regard for history, it will say this:

If the people of Washington, D.C., want different gun laws, or no gun laws, they can elect different officeholders.

The Heller case should never have been considered a Second Amendment issue in the first place. That case has nothing at all to do with the continuation and effectiveness of a well regulated militia, which is a body of citizens enrolled for military discipline.

The Second Amendment was written in 1789 to guarantee the continued right of the people to keep and bear arms under state laws that provided for well regulated militias. Most men were obliged under such laws –- called by Washington “well regulated Militia Laws” -- to arm themselves for militia service. They were required to be enrolled in a specific militia company and to muster for periodic training.

It would have been odd indeed for Madison to have framed the Second Amendment to protect the “right” of the people as individuals to obey their own state militia laws.

The amendment was an instruction to the federal government not to use the Constitution to replace the state militia system with a peacetime standing army – a prospect that had been vigorously opposed by such anti-federalists as Patrick Henry.

Thomas Jefferson, the most prominent active proponent of a Bill of Rights, recognized the militia purpose of the Second Amendment. He referred to the amendment as “the substitution of militia for a standing army.” (Thomas Jefferson to Dr. Joseph Priestley, June 19, 1802)

The Second Amendment is silent upon the right of individuals to arms for personal purposes, a subject left to state constitutions and state laws except where other provisions of the federal Constitution apply.

Posted by: Leif Rakur at January 21, 2008 01:26 PM

Mr Cavala:
I believe that you are mistaken on two points.

1) A COE does exempt you from a brady background check. (Ask DOJ)

2) To my knowledge, the only time a buyer's eligibility is checked is at the time of sale, NOT annually. However, a COE holder is checked annually.

If you have different information, I'd certainly like to see it. (PC citations)

Posted by: Jabie at January 24, 2008 02:00 PM

^Leif Rakur,

I tried to start a militia company and then have the militia company own the guns. I couldn't figure out how to do that in any state. I think you know that's impossible. Outside of law enforcement, an individual citizen must the owner of a firearm. Thus, you're basically saying that there is no recognized right in the Constitution to keep and bear arms - pretty slick of you.

That's wrong. The Second Amendment is in fact directed toward an individual right to keep and bear arms.

Regards,
-Jake

Posted by: Jake McCoy at February 20, 2008 11:49 PM

It is my understanding that the background check is an automatic process done by computer when the dealer enters the buyers information. No cost to the state.
California has more gun laws than any other state and they are only to make it harder and more expensive for the legitimate gun buyer. They don't reduce crime nor serve any worthwhile purpose. Same with the high capacity magazine ban. A short drive to Arizona, Nevada or Oregon
solves that. Criminals don't care about the law.
The drop test is another farce by putting a burden on manufactures. It doesn't cover used guns, only new. A gunsmith can't build you a custom gun...This list goes on and on

Posted by: Mike at September 12, 2008 07:47 AM

I just bought a new shotgun and had to go through the ten day waiting period. I don't understand what the big deal is. how inpatient are you that you cant wait ten days? if it even helps a little bit in keeping guns out of criminals hands or gives someone time to "cool off" than I'm ok with waiting ten days.

Posted by: mike at May 18, 2009 12:18 AM

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