Share/Bookmark   
smalline

Ninth Circuit Overturns ruling on
Second Amendment Waiting Period

By Dean Weingarten. December 16th, 2016
Article Source

On 14 December, 2016, a three judge panel of the Ninth Circuit Court of Appeals reversed the District Court ruling in Silvester v. Harris. In the original decision, the District Court ruled that requiring a gun owner who had already passed a background check, and who either already owned a registered gun or had a concealed carry permit, was an infringement on the Second Amendment right to keep and bear arms. The Ninth Circuit held that a 10 day waiting period was a "reasonable safety precaution". From the decision at uscourts.gov(pdf):

The panel reversed the district court's bench trial judgment and remanded for entry of judgment in favor of the state of California in an action challenging a California law establishing a 10-day waiting period for all lawful purchases of guns. The panel first stated that this case was a challenge to the application of the full 10-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. The panel held that the ten-day waiting period is a reasonable safety precaution for all purchasers of firearms and need not be suspended once a purchaser has been approved. The panel determined that it need not decide whether the regulation was sufficiently longstanding to be presumed lawful. Applying intermediate scrutiny analysis, the panel held that the law does not violate plaintiff's 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.

You can see that the decision claims that this reasoning is under the "intermediate scrutiny" standard. .......

Can anyone genuinely explain just how a waiting period achieves anything - in particular for an existing gun owner who has been vetted before. It is all a blatent infringement of people's Second Amendment rights - simple as that.
"Someone who already owns a hunting rifle but may want to buy a larger-capacity weapon that will do more damage when fired into a crowd."
This frankly is out-and-out total horse pucky - disguised as 'safety oriented and supposed ('gun control') logic' !!

"You don't have to be Jewish to fight by our side."

© 2016 JPFO All rights reserved.
jpfo@jpfo.org
1-800-869-1884

Jews for the Preservation of Firearms Ownership
12500 NE 10th Pl.
Bellevue, WA 98005 USA

"America's most aggressive defender of civil rights"
We make the NRA look like moderates

Join JPFO

Back to Top

JOIN JPFO TODAY

DONATE TO JPFO

SIGN FOR ALERTS

The JPFO Store

Films and CDs

Books

Various