Silvester v. Harris, No. 14-16840 (9th Cir. 2016)Annotate this Case
At issue in this case was a California law establishing a ten-day waiting period for all lawful purchases of guns. Specifically, Plaintiffs challenged the application of the full ten-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. After a bench trial, the district court entered judgment for Plaintiffs. The Ninth Circuit reversed and remanded for entry of judgment in favor of the State, holding that, applying intermediate scrutiny analysis, the law does not violate Plaintiffs’ Second Amendment rights because the ten-day wait is a reasonable precaution for the purchase of a second or third weapon, as well as for a first purchase.