Ninth Circuit Grants Priority Status in Silvester 10-Day Waiting Period Case
The Federal District Court judge gave California 180 days to come up with a new arrangement when it struck down the 10-day waiting period law. This was in 2014.
The State went to the 9th Circuit and got a stay of the District Court Judge's order until the 9th could hear their appeal -- but here it is 2016 and the appeal still hasn't been heard, and the stay is still in place.
This new order says, I guess, that the 9th will try to get things moving a little faster.
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Return to “CA: Waiting period violates 2A for gun owners”
- Tue Apr 19, 2016 7:55 pm
- Forum: Other States
- Topic: CA: Waiting period violates 2A for gun owners
- Replies: 3
- Views: 2510
- Mon Aug 25, 2014 1:52 pm
- Forum: Other States
- Topic: CA: Waiting period violates 2A for gun owners
- Replies: 3
- Views: 2510
CA: Waiting period violates 2A for gun owners
California 10-day waiting period to buy gun violates the Second Amendment, as to people who are known to the state to already own guns
Direct link to decision: Silvester v. Harris (E.D. Cal. Aug. 22, 2014)
This is at the Federal District Court level, I am sure California will appeal it to 9th Circuit; Cali loves to burn money they don't have on anti-gun efforts.
Edited to add what seems to be the key point in the decision:
After considering the evidence and the arguments, the Court concludes that Penal Code § 26815(a) and § 27540(a)‟s 10-day waiting periods impermissibly violate the Second Amendment as applied to those persons who already lawfully possess a firearm as confirmed by the AFS [Automated Firearms System], to those who possess a valid CCW license, and to those who possess both a valid COE [Certificate of Eligibility] and a firearm as confirmed by the AFS system, if the background check on these individuals is completed and approved prior to the expiration of 10 days.
Direct link to decision: Silvester v. Harris (E.D. Cal. Aug. 22, 2014)
This is at the Federal District Court level, I am sure California will appeal it to 9th Circuit; Cali loves to burn money they don't have on anti-gun efforts.
Edited to add what seems to be the key point in the decision:
After considering the evidence and the arguments, the Court concludes that Penal Code § 26815(a) and § 27540(a)‟s 10-day waiting periods impermissibly violate the Second Amendment as applied to those persons who already lawfully possess a firearm as confirmed by the AFS [Automated Firearms System], to those who possess a valid CCW license, and to those who possess both a valid COE [Certificate of Eligibility] and a firearm as confirmed by the AFS system, if the background check on these individuals is completed and approved prior to the expiration of 10 days.