Attorneys for The Calguns Foundation (CGF), Second Amendment Foundation, and two individual plaintiffs filed a petition with the Ninth Circuit Court of Appeals seeking en banc (full-court) review of a wrongly-decided opinion that overturned the trial court’s judgment that California’s Waiting Period Laws violate the Second Amendment to the United States Constitution.
We hope that the full Ninth Circuit will correct the panel opinion’s numerous injustices and affirm the judgment of the trial court. However, we are prepared to take this case to the Supreme Court should that extraordinary action be necessary to restore the fundamental, individual Second Amendment rights of law-abiding people.
CGF Executive Director Brandon Combs, who is also an individual plaintiff in the case, issued the following statement:In December, the Ninth Circuit Court of Appeals bizarrely ruled that even a person legally carrying a concealed handgun as he buys another gun at retail needs to be ‘cooled off’ for another 10 days before exercising his Second Amendment rights and taking possession of a constitutionally-protected firearm.
We believe that the Ninth Circuit’s panel opinion was wrong as a matter of law. Not only did the panel incorrectly decide the Second Amendment issues in favor of the State of California, but in doing so it ignored important legal rules that govern the review of a lower court’s judgment after a trial.
After undertaking significant discovery, depositions, and a three-day bench trial, Federal District Court Judge Anthony W. Ishii issued his Findings of Fact and Conclusions of Law, which held the State of California’s 10-day waiting period laws to be irrational and unconstitutional as applied to three categories of gun purchasers.
As our attorneys noted in the petition they filed for us today, “maintaining the proper standard of review for fact-finding in constitutional litigation is a matter of exceptional importance that is worthy of en banc review.” We hope that the full Ninth Circuit will correct the panel opinion’s numerous injustices and affirm the judgment of the trial court. However, we are prepared to take this case to the Supreme Court should that extraordinary action be necessary to restore the fundamental, individual Second Amendment rights of law-abiding people.
The petition for rehearing or rehearing en banc can be viewed or downloaded at www.calgunsfoundation.org/silvester.
Jeff Silvester, et al. v. Attorney General Xavier Becerra (formerly titled Silvester v. Kamala Harris) is supported by civil rights organizations The Calguns Foundation (Sacramento, CA) and Second Amendment Foundation (Bellevue, WA).
The Calguns Foundation (www.calgunsfoundation.org) is a 501(c)3 non-profit organization that serves its members, supporters, and the public through educational, cultural, and judicial efforts to advance Second Amendment and related civil rights.