NINTH CIRCUIT DENIES “EN BANC” REHEARING IN SILVESTER V. HARRIS

On Tuesday, April 4th, the Ninth Circuit voted to deny a petition for rehearing and petition for rehearing “en banc” in the case of Silvester v. Harris. The case challenges California’s 10-day waiting period as applied to certain individual gun owners, including those who already own a firearm or have a CCW. In either situation, the purpose of the 10-day waiting period (to provide a so-called “cooling off” period for first time gun buyers) is wholly arbitrary and does nothing more than act as a burden on Second Amendment rights.

In June of 2015, CRPA, along with the support of Gun Owners of California, filed an important amicus brief in support of the Plaintiffs. The brief highlighted how any law that burdens conduct protected by the Second Amendment is not shielded from constitutional review merely because it is a longstanding provision or presumed by the courts to be lawful. What’s more, the brief also argued how California utterly failed to justify its restriction as narrowly drawn to achieve its desired public safety interests, as required under the Constitution.

Despite these arguments, a 3-judge panel of the Ninth Circuit upheld the 10-day waiting period as applied to second time gun purchasers and CCW holders. Given that other landmark Second Amendment cases have been ordered to be reheard by a larger panel of the Ninth Circuit, Plaintiffs petitioned the court to do the same. But with the denial of their petition, one thing has become clear—the Ninth Circuit will only seek to rehear a case if it allows an opportunity to overturn a pro-Second Amendment ruling.

Plaintiffs must now decide whether or not to petition the United States Supreme Court to review the Ninth Circuit’s decision. To stay up to date on this case and other important Second Amendment issues, subscribe to CRPA email alerts here.

15 responses to “NINTH CIRCUIT DENIES “EN BANC” REHEARING IN SILVESTER V. HARRIS

  1. Thank you for your continuous fight. However, I’d rather see the appalling assault weapon registration withdrawn and CCW “shall issue” for LA county happen. Please focus on the most critical issues first.

  2. I expected nothing less from this group of Looney-Tunes characters. States-Rights have absolutely nothing to do with the Second Amendment, as it is a RIGHT, guaranteed by the Constitution!
    The Ninth Circus is acting contrary to recent rulings of SCOTUS.

  3. Callyforny’s dismissal of 2nd amendment rights is beyond belief. The liberal nincompoops in this state should be ashamed of themselves, I sure’s hell am!

  4. The Ninth has to be done away with on constitutional grounds… It would not be the first courts were abolished….. That direction would be more worth the money being spent. Until these liberal judges are called out and denied the right to dictate laws we will not win anything…

  5. How can California be considered a State, when all it does is “fan it’s nose” at the Constitution of the United States. Every thing that they pass takes away more and more of Californians Civil Rights.
    The state is being run by the Liberal majority in Sacto, San Fran.(the gay bay), L.A. and the rest of the state don’t have much of a say as to what transpires politically. And we thought Khe Shan, Con Thien, and Hue City were tough battles. Bigger battles loom on the horizon.

  6. Where does this leave us regarding this decision and other pro-2nd Am issues in California? It feels that if everything will be turned down regardless, there is no point in donating money. Please convince me otherwise. I want to hear why it can make a difference, and I want to hear what else will make a difference. Comments like “Kalifornee sucks” or “abolish the court” are not helpful and not a realistic solution. What ACTUALLY can be done?

  7. Time to ABOLISH THE 9th Circuit. They’ve forgotten what it is to be an American and surely have dismissed their obligations under the Constitution. I don’t know what oath they took! They are a shameful bunch of lawyers who are nothing less then ACTIVISTS.

  8. Time to split up the Ninth Circuit Court of Appeals into a few smaller circuits, and dilute its abusive acts upon the Constitution.

  9. Absolutely appalling. There is no point, that I can see, given the history of this court, that any more time or money should be spent here for 2A cases with this court as it is currently comprised. They have proven they are not interested in Justice or the Constitution. I believe, although I have NO legal experience or training, that all of California’s 2A monies and energies goes to disrupting this court by any means available, bypassing the court any way possible, and begin to put time/money into ousting Gov. Brown, and any and all of the Political Junkies who also flout the Constitution and the Will of California Constituents, and who are Lawbreakers themselves as Kevin Leon has admitted. We must oust those who break their Oath of Office/The Law and also begin to elect Representatives who will ACT as Representatives of the Peoples who elected them.

  10. The courts motive is NOT public safety in this case. It is obvious that the ONLY thing they only motive is removing the 2nd Amendment rights from law abiding Americans and nothing else. Common sense and logic is something the Ninth Circuit Court knows nothing about.

    The anti-freedom / anti-gun liberals are saying, “What is wrong with waiting 10 days to buy a second gun, it could save a life”. What the liberals don’t understand, it is not about the 10 day waiting period, it is about our Constitutional rights as Americans and common sense.

    Why don’t we make Americans retake their driving test when they buy a second car? – Why not make Americans purchase a second fishing licence before they can catch a second fish? According to the Ninth Court, a person with a CCW permit and a gun on their person, still has to wait 10 days to purchase a second hand gun so they don’t do something stupid with it. ???????????? California logic at its best.

  11. I concur with the Jon’s statement! We the people need to elect people to represent the people! All of them are on the take! Bloomberg and Souros has their hands all over the west coast. I have retired from 35 years of service and I can’t wait to get out of this socialist state!!
    President Trump and our elected Republican’s need to get together to execute the Presidents plan for this Great Nation! Give the Constitution hating dems a one way ticket to china! Yes, I intentionally kept it lower case!

  12. This is what happens when you have communists run a state full of leftists afraid to stand up to La Raza.
    La Raza is going to move against us. This is part of the setup.

  13. Here is one simple fact that everyone seems to be overlooking. We are stuck in a state overwhelmingly populated by left wing liberal wackos! Our only hope is that few justices on the 9th die or retire and President Trump gets to appoint a replacement or two. No amount of money we spend will change anything until that happens!

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