SAN DIEGO, CA (July 26, 2024) – Today, Firearms Policy Coalition (FPC) announced the filing of a motion for summary judgment with the Southern District Court of California in its Richards v. Bonta federal Second Amendment lawsuit, challenging California’s 10-day firearm waiting period. The motion, along with all other documents, can be found at FPCLegal.org.
“California’s firearm waiting period ban is neither constitutional nor moral — it must be struck down,” said FPC President Brandon Combs. “The Golden State’s waiting period ban forces people who pass a background check to further wait at least 10 days to pick up their firearm. This is untenable and unsupportable. As Justice Thomas explained in 2018, the Second Amendment protects the right of the people to keep and bear Arms, and the Fourteenth Amendment requires the States to respect that right. We are eager to resolve this case and eliminate this ban once and for all.”
In supporting its motion, FPC argues that California’s law is impermissible under the U.S. Supreme Court’s Bruen decision, which requires governments to justify firearms regulations by citing sufficient analogues from founding era history and traditions. Noting that the first known waiting period law appeared in 1923–later than allowed under Bruen–the brief emphasizes that the state’s modern day waiting period scheme cannot survive the required burden of proof. Furthermore, FPC poignantly states that, “A right delayed is a right denied. But denying access to the fundamental right to keep and bear arms is precisely what California does by operation of its unconstitutional Waiting Period Laws.”
This challenge is brought as part of the high-impact FPC Law strategic litigation program, which aims to eliminate disarmament regimes and restore the natural right to keep and bear arms.
FPC is joined in this case by three individual members, San Diego County Gun Owners PAC, California Gun Rights Foundation, and Second Amendment Foundation. The plaintiffs are represented by Benbrook Law Group, PC.
Firearms Policy Coalition (firearmspolicy.org), a 501(c)4 nonprofit membership organization, exists to create a world of maximal human liberty, defend constitutional rights, advance individual liberty, and restore freedom. We work to achieve our strategic objectives through litigation, research, scholarly publications, amicus briefing, legislative and regulatory action, grassroots activism, education, outreach, and other programs. Our FPC Law program (FPCLaw.org) is the nation’s preeminent legal action initiative focused on restoring the right to keep and bear arms throughout the United States. Individuals who want to support FPC’s work to eliminate unconstitutional laws can join the FPC Grassroots Army at JoinFPC.org or make a donation at firearmspolicy.org/donate. For more on FPC’s lawsuits and other pro-Second Amendment initiatives, visit FPCLegal.org and follow FPC on Instagram, X (Twitter), Facebook, YouTube.
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