Supreme Court Asked to Review California’s 10-Day Waiting Period for Gun Purchases

On Monday morning the White House signaled that President Trump supports the law Sens. John Cornyn (R-TX) and Chris Murphy (D-CT) are pushing for the National Instant Criminal Background Check System (NICS).
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The Second Amendment Foundation (SAF) and Calguns Foundation are asking the Supreme Court of the United States (SCOTUS) to review California’s 10-day waiting period for gun purchases.

The case—Silvester, v. California Attorney General Zavier—was heard in a District Court in 2014, with the result that the waiting period was partially overturned. The District Court ruled that the waiting period could not apply to people who already owned guns.

The Associated Press quoted U.S. District Judge Anthony Ishii, saying:

There is no evidence that a ‘cooling off period,’ such as that provided by the 10-day waiting period, prevents impulsive acts of violence by individuals who already possess a firearm. A waiting period for a newly purchased firearm will not deter an individual from committing impulsive acts of violence with a separate firearm that is already in his or her possession.

But the U.S. Circuit Court of Appeals for the Ninth Circuit went against the District Court. According to Canada Free Press, the Ninth Circuit’s decision means that law-abiding California’s have to endure a “waiting period to purchase … [a] firearm” even in situations where they have already passed a background check to purchase another gun and/or have a concealed carry permit (which is acquired via an thorough screening and background check process).

The Ninth Circuit’s decision overturned a lower court decision that said the waiting period could not be applied to people who were already gun owners.

SAF founder and executive vice president Alan Gottlieb said:

While this case is about waiting periods, it is also about something more. It’s about challenging a gun regulation that is designed more to discourage exercise of the Second Amendment than it is about preventing crime.

Remember what Senior Judge Anthony Ishii of the U.S. District Court said in his original order, that the state has tacit knowledge that a protected Second Amendment right is burdened by the waiting period law. His comparison of the waiting period to prior restraint is a point that should grab the attention of every journalist who has ever defended the First Amendment while disdaining the Second. A civil right is a right, and all rights are equal and deserve equal protection.

AWR Hawkins is the Second Amendment columnist for Breitbart News and host of Bullets with AWR Hawkins, a Breitbart News podcast. He is also the political analyst for Armed American Radio. Follow him on Twitter: @AWRHawkins. Reach him directly at


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