(BNA) California’s requirement that gun purchasers wait 10 days before obtaining their firearms doesn’t violate the Second Amendment as applied to purchasers who already own guns, the U.S. Court of Appeals for the Ninth Circuit held Dec. 14 ( Silvester v. Harris , 9th Cir., No. 14-16840, 12/14/16 ).
The law passes intermediate scrutiny because it’s a “reasonable precaution for the purchase of a second or third weapon, as well as for a first purchase,” the court said in an opinion by Judge Mary M. Schroeder.
The court’s use of intermediate scrutiny is important because that’s the analysis that allows states to adopt gun regulations to advance public safety, Deepak Gupta, of Gupta Wessler PLLC, Washington, told Bloomberg BNA Dec. 14.
(BNA) California’s requirement that gun purchasers wait 10 days before obtaining their firearms doesn’t violate the Second Amendment as applied to purchasers who already own guns, the U.S. Court of Appeals for the Ninth Circuit held Dec. 14 ( Silvester v. Harris , 9th Cir., No. 14-16840, 12/14/16 ).
The law passes intermediate scrutiny because it’s a “reasonable precaution for the purchase of a second or third weapon, as well as for a first purchase,” the court said in an opinion by Judge Mary M. Schroeder.
The court’s use of intermediate scrutiny is important because that’s the analysis that allows states to adopt gun regulations to advance public safety, Deepak Gupta, of Gupta Wessler PLLC, Washington, told Bloomberg BNA Dec. 14.
