Case Information: Harris v. Silvester, No. 14-16840 (9th Cir., Amicus Brief Filed Apr. 1, 2015)
At Issue: This case presents a Second Amendment challenge to California’s 10-day waiting period for firearm purchases for individuals that already possess a firearm and that pass a background check before the 10-day period is over. The district court ruled that, as to these individuals, California’s law violates the Second Amendment. The state has appealed the case to the Ninth Circuit.
The Law Center’s Brief: Our amicus brief argues that the district court erred by applying an overly-strict form of review to California’s law, which serves several important interests, all related to protecting public safety. The law provides an important cooling down period, allows more time for investigation of potential illegal straw purchases, and does not violate the Second Amendment, even with respect to individuals who already possess a firearm. The brief will also argue that the law is “longstanding” in California—dating back to the 1920’s—and is therefore “presumptively valid” under established Second Amendment jurisprudence.