SAF Brief Supports Summary Judgment Motion in Waiting Period Challenge

The Second Amendment Foundation has filed a memorandum of points and authorities in support of their motion for summary judgment in a federal court challenge of California’s 10-day waiting period. The case is known as Curtin v. Bonta.

The memorandum was filed in U.S. District Court for the Southern District of California. SAF is joined by the North County Shooting Center, San Diego County Gun Owners PAC, California Gun Rights Foundation, Firearms Policy Coalition, PWGG, L.P., and five private citizens. They are represented by attorneys Bradley A. Benbrook and Stephen M. Duvernay at the Benbrook Law Group in Sacramento.

“This fundamental issue in this case is crystal clear,” said SAF founder and Executive Vice President Alan M. Gottlieb. “California denies access to the fundamental right to keep and bear arms by the imposition of its waiting period law, which requires law-abiding individuals to wait at least ten days before they can take possession of a firearm, even when the state can confirm, often within minutes, they are eligible to acquire firearms. This makes no sense at all, especially in cases where the gun buyer already owns other firearms.”

“At the time of the founding, when the Second Amendment was included in the Bill of Rights,” noted SAF Executive Director Adam Kraut, “there was no such thing as a waiting period, anywhere in the country. The first time a waiting period was enacted in any jurisdiction was not until 1923, long after the relevant time period considered by the Supreme Court in the 2022 Bruen ruling, which struck down a law passed in New York, in 1911.”

For more information, visit saf.org. 

The Second Amendment Foundation (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, SAF has grown to more than 720,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control.