Share

The Calguns Foundation Issues Statement on Ninth Circuit Decision Overturning Pro-Gun Victory in 10-Day Waiting Period Case

SAN FRANCISCO (December 14, 2016)­­­­­­ – In response to today’s Ninth Circuit Court of Appeals decision overturning the trial court in the case of Jeff Silvester, et al., v. Attorney General Kamala Harris, a federal Second Amendment civil rights lawsuit challenging the State of California’s 10-day waiting period laws, Brandon Combs, executive director of The Calguns Foundation, has released the following statement:

“Today, this panel of the Ninth Circuit Court of Appeals has proven to be more interested in their own policy preferences than the Constitution and the text, history, and tradition of the Second Amendment.

In its decision, the Court bizarrely ruled that even a person legally carrying a concealed weapon as he buys another gun at retail needs to be 'cooled off' for 10 days before taking possession of another constitutionally-protected firearm.

That holding is not even rational, much less should it survive any kind of heightened constitutional scrutiny compelled by the Supreme Court’s Heller and McDonald opinions.

After undertaking significant discovery, depositions, and a three-day bench trial, Federal District Court Judge Anthony W. Ishii issued his Findings of Fact and Conclusions of Law, which held the State of California’s 10-day waiting period laws to be irrational and unconstitutional as applied to three categories of gun purchasers.

Today’s opinion is but one of a growing string of wrongly-decided Second Amendment cases and serves to underscore that, if the fundamental, individual, Second Amendment right to keep and bear arms is to survive as something more than a second-class right, the Supreme Court will need to say so once more.

This fight is far from over. Our legal team is hard at work exploring all legal options to advance this case and the Second Amendment right to keep and bear arms.”

Silvester v. Harris is supported by civil rights organizations The Calguns Foundation (Sacramento, CA) and Second Amendment Foundation (Bellevue, WA).

The Ninth Circuit’s decision can be viewed or downloaded at www.calgunsfoundation.org/litigation/silvester-v-harris/.

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.