Silvester v. Harris - Ninth Circuit

Headline: Ninth Circuit panel applies intermediate scrutiny standard in upholding California’s waiting period law as relates to firearms purchasers who previously passed background checks.

Areas of Law: Constitutional Law; Second Amendment Rights; Waiting Period Laws

Issues Presented: The panel considered whether California’s 10-day waiting period to take possession of any firearm violated the Second Amendment rights of subsequent purchasers where those purchasers passed the required background checks in less than the required 10-day wait period.

Brief Summary: The panel applied intermediate scrutiny in this case of first impression. The 10-day waiting period, as applied to three specified classes of “subsequent purchasers,” was found to reasonably fit the State’s important interest in promoting safety and requiring a cooling-off period to deter violence resulting from impulsive purchases of firearms.

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