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Thursday, December 12, 2013

SAF STOPS CALIFORNIA A.G. FROM DERAILING CHALLENGE TO 10-DAY WAITING PERIOD

TOPIC:
SAF STOPS CALIFORNIA A.G. FROM DERAILING CHALLENGE TO 10-DAY WAITING PERIOD

Guest:  Alan Gottlieb
CREDS:
Founder of the Second Amendment Foundation  

CONTACT:  Christine Dennis, Epic Quest Media, 919-266-1469


 NEWS RELEASE
Second Amendment Foundation

12500 NE Tenth Place  ·  BellevueWA   98005

www.saf.org



SAF STOPS CALIFORNIA A.G. FROM DERAILING CHALLENGE TO 10-DAY WAITING PERIOD    

BELLEVUE, WA – A federal judge this week sided with the Second Amendment Foundation, Calguns Foundation and three individual plaintiffs and denied a motion by California Attorney General Kamala Harris to dismiss a challenge to California’s ten-day waiting period in the case ofSilvester v. Harris.

Senior Judge Anthony Ishii of the U.S. District Court for the Eastern District of California noted in his 11- page order that, “Although Harris argues that the WPL (Waiting Period Law) is a minor burden on the Second Amendment, Plaintiffs are correct that this is a tacit acknowledgment that a protected Second Amendment right is burdened. Therefore, the Court concludes that the WPL burdens the Second Amendment right to keep and bear arms.”

SAF Executive Vice President Alan Gottlieb was delighted with the victory and noted that Judge Ishii said some “very important things” in his order.

“Judge Ishii’s comparison of the waiting period to a prior restraint is significant,” Gottlieb observed. “He further stated that Harris, in her motion to dismiss the case, had not shown that the waiting period law is effective in reducing gun-related violent crime, or in keeping guns out of the wrong hands where the government has already issued that purchaser a License To Carry or a Certificate Of Eligibility.”

Calguns Chairman Gene Hoffman said it is “refreshing to see lower Federal courts taking the burden of intermediate scrutiny or strict scrutiny seriously.”

“California has such a byzantine scheme of gun control that it can’t justify making people who already own firearms registered with the State of California wait 10 days to buy a new gun after they complete a background check,” Hoffman said. “We look forward to bringing some common sense back to how the law abiding buy and sell registered guns in California.”

Judge Ishii also noted, “…there is a period of at least 10 days in which California prohibits every person from exercising the right to keep and bear a firearm. There can be no question that actual possession of a firearm is a necessary prerequisite to exercising the right to keep and bear arms. Further, there has been no showing that the Second Amendment, as historically understood, did not apply for a period of time between the purchase/attempted purchase of a firearm and possession of the firearm…”

“Judge Ishii has wisely reminded us, as did the late Dr. Martin Luther King, that a right delayed is a right denied,” Gottlieb concluded. “We are hopeful that the court builds on his sound reasoning to issue a favorable ruling in our case.”

The Second Amendment Foundation (www.saf.org) is the nation’s oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms.  Founded in 1974, The Foundation has grown to more than 650,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control. 
-END-

Alan Gottlieb Bio:
Dynamic and articulate are two accurate descriptions of Alan Gottlieb.
Alan is a Nuclear Engineering graduate of the University of Tennessee and has attended the Institute on Comparative Political & Economic Systems at Georgetown University.
He is recognized as a member of the working press, maintaining active membership in the Outdoor Writers Association of America.  His articles have appeared in theSeattle Times, San Francisco Examiner, Washington Post, Atlanta Journal-Constitution, Cincinnati Inquirer, Chicago Tribune, Orlando Sentinel, Ft. Worth Star-Telegram and USA Today.
Alan is the Publisher of TheGunMag.com and The Gottlieb-Tartaro Report. He is the Chairman of the Citizens Committee for the Right to Keep and Bear Arms, Founder of the Second Amendment Foundation, serves on the Board of  Directors of the American Conservative Union, President of the Center for the Defense of Free Enterprise, President of the American Political Action Committee and President of NoInternetTax.org.
His handiwork has received notice in the New York Times, Wall Street Journal, Washington Post, Cleveland Plain Dealer, Time, People, Rolling Stone, National Review and Outside magazine.
Alan has received the prestigious Golden Eagle Award from the American Federation of Police, and was commended by the Kentucky House of Representatives for his “outstanding leadership in preserving our American heritage of freedom.”  He is listed in Who’s Who in America, Who’s Who in the World and Who’s Who in American Politics.
Alan has appeared on over 4,400 TV and radio talk shows, including the McNeil-Lehrer News Hour, ABC’s 20/20, The Michael Reagan Show, The Ken Hamblin Show, PBS All Things Considered, CNN Crossfire, Fox TV’s Crier Report, NBC Today Show, The O’Reilly Factor, ESPN, Larry King Live, CNN Special Reports, Hannity & Combs, CNN All Politics, Fox News ChannelCNN Headline NewsMSNBCPiers MorganLou Dobbs TonightHardball with Chris Mathews, The Mike Huckabee Show, Al Jazeera Inside Story and Good Morning America.
Alan is President of Merril Associates, a noted direct response advertising agency specializing in direct mail, fund raising and public relations.  He is also President of Merril Press, a non-fiction book publishing company.
Alan is also President of radio stations KBNP in Portland, Oregon, KITZ in Seattle, Washington,  KGTK in Olympia, Washington, and KSBN in Spokane, Washington and former Chairman of the Talk America Radio Network and former President of the Universal Talk Network.
In addition, Alan is the author of twenty books including Politically Correct Guns, Trashing the Economy and She Took a Village: The Unauthorized Biography of Hillary Clinton, Alan Gottlieb's Celebrity Address Book, Double Trouble: Daschle and Gephart Capitol Hill Bullies, and Gun Rights Affirmed, America Fights Back: Armed Self-defense in a Violent Age, These Dogs Don’t Hunt: The Democrats’ War on Guns andAssault on Weapons: The Campaign to Eliminate Your Guns and Black & Blue: How Obama and the Democrats are Beating up the Constitution, Shooting Blanks: Facts Don’t Matter to the Gun Ban Crowd.
©2013 SAF

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