Silvester v. Becerra
In brief
The Supreme Court declined to hear Silvester’s challenge, leaving the Ninth Circuit’s ruling in place without deciding whether California’s waiting period violates the Constitution.
- Where it stands
- Decided
Decided · February 20, 2018
- What it’s about
- The Supreme Court declined to review the Ninth Circuit’s decision rejecting the gun purchasers’ challenge to California’s 10-day waiting period for newly purchased firearms.
- Who it affects
- The Ninth Circuit’s ruling was not disturbed, so this order did not block the waiting period for the purchasers. The Supreme Court did not decide whether the waiting period violates the Constitution in their circumstances.
Summary: written with AI from the case record.
What it's about
The denial left the lower court’s ruling in favor of California in place, without the Supreme Court deciding the merits of the constitutional challenge.
Supreme Court review was sought after the Ninth Circuit rejected a challenge to a state firearm waiting period.
Question presented
Whether the court of appeals properly rejected petitioners’ as-applied challenge to California’s statutory 10-day waiting period for taking delivery of a newly-purchased firearm.
What the Court decided
Holding
Petition DENIED. Justice Thomas, dissenting from the denial of certiorari. (Detached Opinion )
What's next
The Supreme Court has finished this docket action. The Ninth Circuit’s ruling remains in place, and this proceeding will not produce a Supreme Court decision on the constitutional question.
Docket activity
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AI analysis generated: Case Briefing
AI analysis generated: Decision Record
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Opinion added: Opinion
More questions
- What did the Supreme Court do in Silvester v. Becerra?
- It declined to hear the challenge and did not decide whether California’s 10-day waiting period violates the Constitution.
- What remains unresolved about California’s 10-day waiting period?
- The Court left open whether the waiting period was unconstitutional in these purchasers’ circumstances.
- What happened to the Ninth Circuit’s ruling?
- The ruling remained in place after the Supreme Court declined to hear the case. The order did not decide the constitutional challenge.
- What happens next in the Supreme Court?
- This docket action is finished. The Court will not decide the petition’s constitutional question in this proceeding.
Sources
Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.