SAN FRANCISCO - Earlier today, the Ninth Circuit Court of Appeals granted a motion to prioritize the Second Amendment lawsuit Silvester v. Harris, a challenge to California's 10-day waiting period laws.
The motion was filed by Donald Kilmer, an attorney for the plaintiffs-appellees that include Jeff Silvester, Brandon Combs, The Calguns Foundation, and the Second Amendment Foundation.
In the motion, Kilmer argued that "Good cause exists to expedite oral argument in this matter" because:
1. The current stay prevents enforcement of the trial court’s injunction which is prejudicial to Plaintiff-Appellees.
2. The current stay prevents enforcement of the trial court’s injunction so there is no prejudice to the Defendant-Appellants.
3. The trial court's judgment awarded injunctive relief to protect the constitutional rights of the prevailing plaintiffs. Further delay in this case results in the ongoing enforcement of an unconstitutional law against Plaintiffs-Appellees, as well as all other persons similarly situated throughout the State. This meets the statutory requirements of 28 U.S.C. § 1657 and Circuit Rule 34-3.
4. All principal briefs and amicus briefs have been filed.
The Court's decision to grant Silvester priority status means that the case "will receive hearing or submission priority" like the other priority civil cases under Circuit Rule 34-3.
CGF Chairman Gene Hoffman said, "Law-abiding Californians and members of the foundations are having their rights infringed by having to wait 10 days to buy a gun. It's never prejudicial to the State to follow the Constitution."
Responding to the development, Kilmer said, "I'm pleased and encouraged that the Ninth Circuit granted the opportunity to prioritize the hearing in this important Second Amendment constitutional case. We look forward to successfully concluding this litigation as soon as possible."
Gun owners who wish to support the case can make a tax-deductible donation to The Calguns Foundation.
The Calguns Foundation (www.calgunsfoundation.org) is a 501(c)3 non-profit organization that serves its members, supporters, and the public through educational, cultural, and judicial efforts to advance Second Amendment and related civil rights.