Posts by: jsndavis

Supreme Court Takes Up Wolford v. Lopez: A Key Battle Over Gun Rights and Property Owners’ Authority

Supreme Court Takes Up Wolford v. Lopez: A Key Battle Over Gun Rights and Property Owners’ Authority

Introduction In a significant development for Second Amendment jurisprudence, the U.S. Supreme Court today granted certiorari in Wolford v. Lopez, agreeing to review a challenge to Hawaii’s restrictive concealed carry laws. The case, docketed as No. 24-1046, centers on whether states can presumptively ban licensed handgun carriers from bringing firearms onto private property open to the public—such as stores, restaurants,…read more →

3 Oct, 2025
Understanding Firearm Laws for Nonimmigrant Aliens: A Guide for Gun Ranges and Owners

Understanding Firearm Laws for Nonimmigrant Aliens: A Guide for Gun Ranges and Owners

The United States has strict federal regulations governing firearm possession, particularly for nonimmigrant aliens—individuals admitted to the U.S. on temporary, nonimmigrant visas such as tourist (B-2), student (F-1), or work (H-1B) visas. Under 18 U.S.C. 922(g)(5)(B), nonimmigrant aliens are generally prohibited from shipping, transporting, receiving, or possessing firearms or ammunition. This restriction has significant implications for gun ranges, firearm retailers,…read more →

22 Sep, 2025
California’s Firearm Background Check System: Databases Used

California’s Firearm Background Check System: Databases Used

In California, purchasing a firearm involves a rigorous background check process designed to ensure public safety while adhering to state and federal laws. Governed primarily by California Penal Code Section 28220, the Department of Justice (DOJ) conducts these checks to determine if a prospective buyer is prohibited from owning or possessing a firearm. This article explores the key databases involved,…read more →

19 Sep, 2025
Common Causes of Delays, Denials, or Undetermined Transactions in California Firearm Purchases

Common Causes of Delays, Denials, or Undetermined Transactions in California Firearm Purchases

Purchasing a firearm in California requires passing a background check through the Dealer Record of Sale (DROS) process, managed by the state’s Department of Justice (DOJ) Bureau of Firearms. This system verifies a buyer’s eligibility based on state and federal laws, cross-referencing criminal records, mental health flags, and other prohibitions. While many transactions are approved quickly, others can result in…read more →

17 Sep, 2025
Understanding Background Check Processes and Standards Under the NFA and GCA

Understanding Background Check Processes and Standards Under the NFA and GCA

The National Firearms Act (NFA) of 1934 and the Gun Control Act (GCA) of 1968 form the backbone of federal firearms regulation in the United States. While the GCA focuses on general firearm commerce and prohibits certain individuals from possessing guns, the NFA imposes stricter controls on specific “Title II” items like suppressors, short-barreled rifles, machine guns, and destructive devices…read more →

15 Sep, 2025
Minimum Age to Purchase Firearms in California

Minimum Age to Purchase Firearms in California

California has some of the strictest firearm laws in the United States, with age requirements that generally align with or exceed federal minimums. These laws are governed by the California Penal Code and enforced by the California Department of Justice (DOJ). Below, I’ll break down the key age restrictions for purchasing different types of firearms from licensed dealers (which is…read more →

12 Sep, 2025
ATF Rescinds Controversial Classification of Franklin Armory Firearms: What It Means for Gun Owners

ATF Rescinds Controversial Classification of Franklin Armory Firearms: What It Means for Gun Owners

On August 29, 2025, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) issued an open letter that marks a pivotal moment for firearm enthusiasts, manufacturers, and Second Amendment advocates. The letter officially rescinds the ATF’s 2019 classification of Franklin Armory’s Reformation and Antithesis firearms, following a legal settlement with the Firearms Regulatory Accountability Coalition and Franklin Armory. This decision…read more →

29 Aug, 2025
Understanding California’s Firearm Prohibition Power of Attorney Form (BOF 110)

Understanding California’s Firearm Prohibition Power of Attorney Form (BOF 110)

In California, firearm ownership and possession are strictly regulated, especially for individuals who become prohibited from owning guns due to legal reasons. The California Department of Justice (DOJ) provides a specific form to help such individuals comply with the law: the General Notice of Firearm Prohibition and Power of Attorney for Firearms Relinquishment, Sale, or Transfer for Storage, commonly referred…read more →

22 Aug, 2025
The Legislative History of California’s Current 10-Day Waiting Period on the Delivery of Firearms

The Legislative History of California’s Current 10-Day Waiting Period on the Delivery of Firearms

Currently, California has a 10-day waiting period on the delivery of firearms to the purchaser (Pen. Code §§ 26815(a) & 27540(a)). This applies to private party transfers through licensed dealers (Pen. Code § 27545), imposing the same delay. A review of the legislative history reveals that this 10-day waiting period is neither long-standing nor consistent in application. The legislature’s primary intent was to provide law enforcement time for background checks, driven by manual processes. The “cooling-off” intent to deter impulsive violence emerged only in the 1990s, falsely retroactively attributed via People v. Bickston (1979). With modern instant-check systems, these rationales are outdated.

20 Aug, 2025
Tenth Circuit Strikes Down New Mexico’s Firearm Waiting Period: Implications for Second Amendment Rights and Other States

Tenth Circuit Strikes Down New Mexico’s Firearm Waiting Period: Implications for Second Amendment Rights and Other States

In a landmark decision on August 19, 2025, the U.S. Court of Appeals for the Tenth Circuit ruled against New Mexico’s recently enacted seven-day waiting period for firearm purchases, finding it likely violates the Second Amendment. The case, Ortega v. Grisham, highlights ongoing tensions between state efforts to curb gun violence and individual rights under the U.S. Constitution. This article…read more →

19 Aug, 2025
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