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Ninth Circuit Court Of Appeals Upholds 10-Day Waiting Period For Current Firearm Owners Despite Challenge From Calguns Foundation

December 14, 2016

On Wednesday, December 14, the Ninth Circuit Court of Appeals issued a decision in Silvester v. Harrisupholding California’s mandatory 10-day waiting period for individuals who already own a firearm.

The panel upheld the restriction after concluding that “intermediate scrutiny is appropriate” when reviewing “regulations that fall within the scope of the Second Amendment.”

Chief Judge Sydney Thomas went even further, explaining in a concurring opinion that the restriction is “presumptively lawful” and falls “outside the scope of the Second Amendment.”

The Silvester case was filed in 2011 by the Calguns Foundation. Although this was not a CRPA or NRA case, CRPA attempted to support the case with an Amicus Brief.

In the meantime, the CRPA and NRA have their own litigation strategies and a number of their cases are moving forward. After the huge win in the Presidential election earlier last month, thanks to the NRA, the Supreme Court will be comprised of Justices who respect the Second Amendment.

CRPA and the NRA have already filed a challenge to California’s open carry restrictions in Flanagan v. Harris, and have been busy preparing a full-scale legal battle against Proposition 63 and the “Gunmageddon” gun bills signed in July.  And the CRPA and NRA supported Peruta case, that could bring shall-issue to California, is now Supreme Court bound.  We will be filing our petition for review by the Supreme Court in January 2017.

On Wednesday, December 14, the Ninth Circuit Court of Appeals issued a decision in Silvester v. Harrisupholding California’s mandatory 10-day waiting period for individuals who already own a firearm.

The panel upheld the restriction after concluding that “intermediate scrutiny is appropriate” when reviewing “regulations that fall within the scope of the Second Amendment.”

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