Case caption: Silvester v. Harris
Filed: December 23, 2011 (Federal Eastern District of California, Fresno)
Plaintiffs/Appellees: Jeffrey Silvester, Brandon Combs, The Calguns Foundation, Second Amendment Foundation
Defendant/Appellant: California Attorney General Kamala Harris
Summary: Second and Fourteenth Amendment challenge to California’s mandatory “10-day waiting period” for those who (1) have a California Certificate of Eligibility, (2) have a California License to Carry, or (3) have firearms already registered to them with the State of California.
Status: Judgment by the District Court in favor of Plaintiffs (Second Amendment). Currently on appeal; briefing at the Ninth Circuit Court of Appeals underway.
BLOG: Part I: The State’s Opening Brief
BLOG: Part II: The Amici in Support of California
BLOG: Part III: The Plaintiffs/Appellees Fire Back in Defense of Your Second Amendment Gun Rights
BLOG: Part IV: The Amici in Support of Silvester, et al.
Ninth Circuit Relevant Filings:
6/2/15: Amici Curiae Gun Owners Foundation, etc. ISO Appellees
6/2/15: Amicus Curiae Crime Prevention Research Center ISO Appellees Silvester, et al.
5/25/15: Appellees’ Answering Brief
5/25/15: Appellees’ Opposition to Appellent’s Motion to Take Judicial Notice
4/1/15: Amicus Curiae Brady Center to Prevent Gun Violence ISO Harris & Reversal
4/1/15: Amicus Curiae Everytown For Gun Safety ISO Harris & Reversal
4/1/15: Amicus Curiae Law Center to Prevent Gun Violence ISO Harris & Reversal
3/25/15: Appellent’s Motion to Take Judicial Notice and Declaration ISO Motion
3/25/15: Appellant’s Opening Brief by Kamala D. Harris
Trial Court Relevant Documents:
8/25/14: Findings of Fact and Conclusions of Law
The 10-day waiting periods of California Penal Code § 26815(a) and § 27540(a) violate the Second Amendment as applied to those individuals who successfully pass the BFEC/standard background check prior to 10 days and who are in lawful possession of an additional firearm as confirmed by the AFS system;
The 10-day waiting periods of California Penal Code § 26815(a) and § 27540(a) violate the Second Amendment as applied to those individuals who successfully pass the BFEC/standard background check prior to 10 days and who possess a valid CCW license issued pursuant to California Penal Code § 26150 or § 26155;
The 10-day waiting periods of California Penal Code § 26815(a) and § 27540(a) violate the Second Amendment as applied to those individuals who successfully pass the BFEC/standard background check prior to 10 days and who possess both a valid COE issued pursuant to California Penal Code § 26710 and a firearm as confirmed by the AFS system.
12/17/14: Order on Plaintiffs’ Motion for Attorneys’ Fees
Docket no. 1:11-cv-02137 (link to Archive)
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