Petition for Cert.filed in re Silvester v. Becerra

[Subdeacon Joe]

https://www.calgunsfoundation.org/silvester

 

https://d3n8a8pro7vhmx.cloudfront.net/thecalgunsfoundation/pages/40/attachments/original/1504284264/Silvester_Cert_Petition_Final_with_App.pdf?1504284264

 

in part:

Quote

STATEMENT OF THE CASE 1. California requires most purchasers of a firearm to wait 10 days before they can take possession of the firearm, regardless whether their background checks are completed in less time. This case involves a challenge to the application of California’s full 10- day waiting period to those purchasers who already own a firearm or have a license to carry a concealed weapon, and who clear a background check in fewer than 10 days. Forbidding delivery of a firearm to such “subsequent” purchasers for longer than it takes to complete their background checks is an arbitrary and irrational burden on their Second Amendment rights. California’s only purported justifications for applying the full waiting period to such persons – having time to ensure eligibility to purchase a firearm and providing a “cooling off” period to guard against rash use of the newly purchased firearm – lack any factual or logical support as applied to the class of purchasers at issue here. And such asserted justifications certainly do not satisfy any form of heightened scrutiny under the Second Amendment. The district court, after a bench trial, agreed, but the Ninth Circuit nonetheless reversed, a result that is as unsupportable as it is unsurprising.