California Supreme Court shuts down request for gun law challenge

The California “cooling off period” stands and residents wishing to purchase guns must still wait 10

Two California residents, Jeff Silvester and Brandon Combs, are attempting to challenge California’s “cooling off period,” but the Supreme Court is refusing to hear the case.

California currently has a 10-day waiting period, the second longest in the country, which was enacted to give state authorities time to do background checks. It also serves to put a little time between the purchase of a weapon and the intent to do harm, if the person was purchasing a gun with the purpose shooting themselves or someone else.

Silvester and Combs are arguing that the imposed waiting period is unconstitutional when it is applied to “subsequent purchasers.” They think people who are currently in California’s database or already have a valid concealed-carry license should be exempt, but the 9th Circuit Court of Appeals did not agree. It called the waiting period a reasonable precaution, and stated it did not need to be suspended just because the purchaser has been approved in the past.

The Supreme Court decided to let the lower court ruling stand, but Justice Clarence Thomas did not agree with the decision saying, “Nearly eight years ago, this court declared that the Second Amendment is not a ‘second-class right, subject to an entirely different body of rules than the other Bill of Rights guarantees."

This decision comes at a time when gun control is being debated at a national level due to a recent school shooting where seventeen people were killed in the state of Florida.

Continue reading about the Court’s refusal, “Supreme Court refuses to hear challenge to California gun law” written by Lydia Wheeler at The Hill and posted on February 20, 2018.