Silvester

FINDINGS OF FACT AND CONCLUSIONS OF LAW

This case deals with the constitutionality of various firearms related statutes. Plaintiffs challenge the 10-day waiting period imposed by California Penal Code § 26815(a) 1 and § 27540(a), 2 and approximately 18 categories of exemptions to the waiting period found in Penal Code § 26000 et seq. and § 27000 et seq. Plaintiffs contend that the 18 exemptions violate the Equal Protection Clause of the Fourteenth Amendment. Plaintiffs contend that the 10-day waiting periods violate the Second Amendment. Specifically, Plaintiffs contend that the 10-day waiting periods violate the Second Amendment as applied to those who already lawfully possess a firearm as confirmed in the Automated Firearms System (“AFS”), to those who possess a valid Carry Concealed Weapon (“CCW”) license, and to those who possess a valid Certificate of Eligibility (“COE”). See Doc. No. 91 at 29:23-30:8. Plaintiffs do not challenge the 10-day waiting period on a facial basis, do not challenge the waiting period laws as applied to first time firearms purchasers, and do not challenge the requirement that firearm purchasers pass a background check. See Doc. Nos. 91 at 17:13-15;…