CGF: The Silvester v. Harris (10-Day Waiting Period Case) Appeal – Part I: The State’s Opening Brief

Calguns Foundation posted a blog yesterday on the court case Silvester v. Harris. Below is an excerpt:

Silvester v. Harris is a federal civil rights lawsuit that challenges the State of California’s 10-day waiting period laws (“WPL”) as unconstitutional under the Second and Fourteenth Amendments to the United States Constitution. (Because the Court found the WPL to violate Second Amendment rights, it declined to rule on the Fourteenth Amendment claims.) The plaintiffs in the case are gun rights groups The Calguns Foundation and Second Amendment Foundation, and individuals Jeffrey Silvester and Brandon Combs. The defendant is California Attorney General Kamala Harris.

…Defendant Attorney General Kamala Harris filed a request to alter or amend the judgment on September 22, 2014, an appeal to the Ninth Circuit Court of Appeals not quite a month later on September 24, and a request for stay pending appeal a few days later on September 29th. Judge Ishii rejected their motions to stay and/or alter the judgment on November 20, 2014, finding that the State had not shown sufficient irreparable harm would be caused by complying with the order, especially when weighed against the irreparable harm being done to gun owners while their rights are being infringed upon.

The State’s appeal is going forward before the U.S. Court of Appeals for the Ninth Circuit.  Harris filed her Opening Brief on March 25, 2015…

Read the full article at Calguns Foundation.