Supreme Court declines to hear case on California gun law

Supreme Court declines to hear case on California gun law

Supreme Court declines to hear case on California gun law

The Supreme Court on Tuesday declined to hear a Second Amendment challenge to a California law that imposes a 10-day waiting period on firearms purchases.

The high court declined, without comment, to review a challenge to California's 10-day waiting period for the purchase of firearms.

He said that California made no "attempt to defend a 10-day waiting period", and noted that the background-check process creates a natural 24-hour waiting period for 80 percent of purchasers.

"Common sense suggests that subsequent purchasers contemplating violence or self-harm would use the gun they already own", the justice claims, "instead of taking all the steps to legally buy a new one in California".

The justices announced a constitutional right to possess firearms in the home in a 2008 case called D.C. v. Heller, and applied that decision against state governments in a 2010 case called McDonald v. Chicago.

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"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, '" he said, quoting the court's precedent.

Additional reporting from Newsy affiliate CNN.

In the wake of the tragic school shooting in Florida, the Supreme Court has refused to hear a challenge to California's 10-day waiting period gun law.

The 9th U.S. Circuit Court of Appeals upheld the law, relying heavily on the state's "cool down" rationale.

But Hannah Shearer, a lawyer with the Giffords Law Center to Prevent Gun Violence, said the court has consistently rejected "extreme challenges that go well beyond the right to self-defense". In the Ninth Circuit, it seems, rights that have no basis in the Constitution receive greater protection than the Second Amendment, which is enumerated in the text.

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The waiting-period case is Silvester vs. Becerra, 17-342.

"Because the right to keep and bear arms is enumerated in the Constitution, courts can not subject laws that burden it to mere rational-basis review".

A lawsuit by the NRA and other firearms advocates argued that the fee placed an unjustifiable financial burden on Californians exercising their constitutional rights.

He said the appeals court's decision was one of many in which Second Amendment rights have not been taken seriously in the lower courts.

"The right to keep and bear arms is apparently this Court's constitutional orphan", Thomas wrote in a dissent.

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Former New York Times executive editor Jill Abramson authors a controversial new cover story forNew York magazine, and the headline pretty much explains all: "The Case for Impeaching Clarence Thomas". SCOTUS has never been eager to weigh in on state and local gun-regulation matters, and has yet to come even close to the fashionable if unsafe conservative idea that the Founders wanted good, patriotic Americans to be armed to the teeth in case it became necessary to overthrow their own government - you know, for tyrannical acts like gun regulation.

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