Jeff Silvester v. Attorney General Xavier Becerra (10-day waiting period lawsuit)

Case caption: Jeff Silvester, et al. v. Attorney General Xavier Becerra (formerly Silvester v. Kamala Harris)

Filed: December 23, 2011 (Federal Eastern District of California, Fresno)

Plaintiffs/Appellees: Jeffrey Silvester, Brandon Combs, The Calguns Foundation, Second Amendment Foundation

Defendant/Appellant: California Attorney General Xavier Becerra

Summary: Second and Fourteenth Amendment challenge to California’s mandatory “10-day waiting period” for those who (1) have a California Certificate of Eligibility, (2) have a California License to Carry, or (3) have firearms already registered to them with the State of California.

History: Judgment by the District Court in favor of Plaintiffs (Second Amendment). Ninth Circuit 3-judge panel reversed the judgement of the District Court. En banc rehearing denied April 4, 2017.

Status: Petition for certiorari pending.

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