"Waiting Period" Case Oral Arguments Ninth Circuit Tuesday, February 9, 2016 (Read 3301 times)

punaperson

Tuesday morning, at 9AM California time (the Silvester case is last to be heard, so it will likely be closer to 10AM), the Ninth Circuit Court of Appeals will hear oral arguments before a three judge panel in Silvester v. Harris. This case concerns the California 10 day waiting period a person must undergo when purchasing a firearm, even if they have immediate access to a firearm due to already being a gun owner. The law was found unconstitutional by Judge Ishii in a California federal district court. Unfortunately, one of the three judges on the panel is Peruta/Richards dissent writer chief judge Sidney Thomas. The other two judges on the panel were also appointed by Democrat presidents. I think we know what that means.

“Plaintiffs challenge the State of California’s ten-day waiting periods for firearm acquisitions facially and as applied to individuals who lawfully already have at least one firearm registered in their name with the State of California. Said challenge is asserted as being in violation of the Second Amendment and the Fourteenth Amendment of the United States Constitution.”

Should this ruling by judge Ishii eventually be upheld through all future appeals, etc., it would likely eventually impact (negate?) Hawaii's waiting period law (the most lengthy in the United States).

Live oral arguments: http://www.ca9.uscourts.gov/media/view_video.php?pk_vid=0000008876

Archived later that day and beyond: http://www.ca9.uscourts.gov/media/

London808

For Hawaii we have to factor in the wait for the medical release as well, At the moment they give the doctors 7 days to respond, Im  sure they will change that to 10-12 days to get around any ruling in this case.
"Mr. Roberts is a bit of a fanatic, he has previously sued HPD about gun registration issues." : Major Richard Robinson 2016

stangzilla

medical clearance isn't in the constitution either.

London808

medical clearance isn't in the constitution either.

That is True But the Supreme court has ruled that prohibition on certain people or classes of people is constitutional, This includes criminals and the mentally ill. Whether directly mentioned in the Constitution or not once the SCOTUS has made a ruling that is the law of the land untill they do so again.

My point being that even tho the form has a bunch of crap for you to fill in (on the HPD provided form) you are only required to do what is required by law and not HPD policy.
"Mr. Roberts is a bit of a fanatic, he has previously sued HPD about gun registration issues." : Major Richard Robinson 2016

K30l4

Watch "San Francisco CR1 9:00 AM Tuesday 2/9" on YouTube

punaperson

Orals went pretty much as expected. Judges (Nguyen) announcing that "more handguns means more crime", etc. Judge Thomas: "Putting legal arguments aside...". Yeah, what do you think is, a courtroom? Judge Schroeder was perplexed, asking two, or maybe three times, why someone who already owned a (hunting) rifle ought to be allowed to purchase a handgun with merely a successful instant (or day or two or three or four) check rather than the 10 day waiting period, as if rifles can't do something (bad) a handgun can. So, no images of handguns visible to the public on a business selling firearms because people are effected by advertising and buy "impulsively", and then when they get the firearm (after the 10 day waiting period) they are still impulsive after having seen that image 10 days prior. Huh? Maybe they should be required to enter through the back door of the store to pick up the firearm so they can't see that impulse-creating image of a handgun on the store front? The legislature should get right on that! And of course they have no evidence to  support any of this, but as the attorney claimed, case law supports that "anecdotal evidence and experience are okay". So 1. somebody heard a story about some guy who "impulsively" bought a gun after seeing a handgun image from outside a store, and even after the 10 day waiting period he did something bad with it, and 2. someone can make up a speculative possibility that someone who is already in the state system as legally owning a firearm should still have to wait 10 days because his firearm COULD be lost, stolen, malfunctioning or broken, and he will do something bad if he gets another one before 10 days. That counts as evidence!

My wild guess: both anti-firearm-rights cases upheld: Tracy gets no preliminary injunction on the advertising images, and Silvester gets overturned, 10 day wait remains. 3-0, and 3-0).

Our courts, appointed by our politicians, working to preserve our rights.  :crazy: