Monday, February 13, 2017

CalGuns, SAF Seek En Banc Hearing In Waiting Period Case

The CalGuns Foundation, the Second Amendment Foundation, and the other individual plaintiffs in Silvester v. Harris - now Silvester v. Becerra - have filed for an en banc hearing in the 9th Circuit. The original suit sought to overturn the 10-day waiting period California imposes on firearms purchasers who hold either a California carry license or a Certificate of Eligibility.

Judge Anthony Ishii of the US District Court for the Eastern District of California had found that the waiting period violated the Second Amendment. His ruling was reversed by a 3 judge panel of the 9th Circuit in mid December 2016. That opinion in that ruling caused me and others to just shake our heads at some of its assertions.

More on the decision to seek an en banc hearing in this release from CalGuns:
CGF, Others Seek Review by Full 9th Circuit Court in Major Second Amendment Lawsuit Challenging California Gun Waiting Period Laws

SAN FRANCISCO (February 13, 2017)¬¬¬¬¬¬ – Today, 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.

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

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 ( 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.


  1. I am SO sorry for misspelling your name! I'll make the correction now. My only excuse was it had been a long day and I was hurrying.