Jeff Silvester v. Kamala Harris

What the court held

Gun owners who already lawfully possessed firearms challenged California's ten-day waiting period for firearm purchases, arguing that buyers who already own guns and clear a background check should not have to wait again. The Ninth Circuit rejected the challenge and left the waiting period in place. Chief Judge Thomas concurred in the panel opinion in full and wrote separately that the case could be resolved at the first step of the circuit's Second Amendment framework, because a waiting period on the books in California since 1923 is a longstanding condition or qualification on the commercial sale of arms and therefore presumptively lawful.

Summarized from the court's opinion.

What this case is about

California 10-day waiting period for firearm purchases

GunMapUSA summary of the issue, not a quotation from the court.

Key Dates

• 2016-12-14 — Decided

Sources

• CourtListener — retrieved 2026-08-08