Ninth Circuit: 10-Day Waiting Period for Calif. Gun Owners Is Okay

By David Lombardo

The Ninth Circuit Court of Appeals has denied a petition for an en banc rehearing of Jeff Silvester, et al. v. California Attorney General Xavier Becerra. Formerly captioned as Silvester v. Kamala Harris, the federal Second Amendment lawsuit is supported by The Calguns Foundation of Sacramento, CA, and Second Amendment Foundation of Bellevue, WA.

Plaintiffs Jeffery Sylvester’s and gun owner Brandon Combs’ complaint was gun buyers who had already passed a background check and been issued a state Certificate of Eligibility or a California License to Carry were still being required to wait ten days after the date of purchase before picking up the firearm.

The initial case was heard in 2014 when District Judge Anthony Ishii ruled, “the California waiting period law violated Second Amendment rights of citizens and should be replaced with the Federal National Instant Criminal Systems (NICS) adopted by most other states.”

Ishii noted that he felt the ten-day waiting period was even more egregious for people who already own guns as there is no evidence to support the theory that a waiting period stops “impulse acts of violence by individuals who already possess a firearm.”

Kamala Harris, then Attorney General, refused to cancel the 10-day waiting period …Read the Rest

Source:: Bearing Arms