10 day waiting period ruled constitutional - 9th Circuit (Read 2081 times)

zippz

10 day waiting period ruled constitutional - 9th Circuit
« on: December 14, 2016, 05:29:08 PM »
http://michellawyers.com/wp-content/uploads/2014/01/Silvester-v.-Harris_Opinion.pdf

California's 10 day waiting period for firearms purchases for those already owning a firearm or CCW,  is ruled constitutional by the 9th circuit court of appeals.

suka

Re: 10 day waiting period ruled constitutional - 9th Circuit
« Reply #1 on: December 14, 2016, 07:18:14 PM »
Will Hawaii cede to that ruling?

punaperson

Re: 10 day waiting period ruled constitutional - 9th Circuit
« Reply #2 on: December 14, 2016, 09:27:37 PM »
Will Hawaii cede to that ruling?
The Ninth declared it "constitutional", NOT "unconstitutional". They overturned the lower court ruling that it WAS unconstitutional. If anything, given the logic of the 3-0 decision, Hawaii would push the waiting period to 30 or 60 or 90 or 365 days and see just where the Ninth Circus thinks any kind of infringement takes place.

Note that these litigants, who already owned a firearm and/or held a CCW license were NOT asking for an end to the 10 day mandatory waiting period, only that they be allowed to take possession of their purchased firearm at the conclusion of a successful background check, e.g. day 9 or day 5 or whenever. I was told here in Hawaii that my background check for a permit to acquire a handgun usually clears in 1 or 2 days, but that I have to wait the remaining 12 or 13 days because that's what the law says.