Ninth Circuit Overturns ruling on Second Amendment Waiting Periods

By Dean Weingarten

By Dean Weingarten

Arizona – -(Ammoland.com)-On 14 December, 2016, a three judge panel of the Ninth Circuit Court of Appeals reversed the District Court ruling in Silvester v. Harris. In the original decision, the District Court ruled that requiring a gun owner who had already passed a background check, and who either already owned a registered gun or had a concealed carry permit, to wait an additional period to receive another firearm, was an infringement on the Second Amendment right to keep and bear arms. The Ninth Circuit held that a 10 day waiting period was a “reasonable safety precaution”. From the decision at uscourts.gov(pdf):

The panel reversed the district court’s bench trial judgment and remanded for entry of judgment in favor of the state of California in an action challenging a California law establishing a 10-day waiting period for all lawful purchases of guns. The panel first stated that this case was a challenge to the application of the full 10-day waiting period to those purchasers who have previously purchased a firearm or have a permit to carry a concealed weapon, and who clear a background check in less than ten days. …Read the Rest

Source:: AmmoLand