Monday, 19 November, 2018

Top court rejects challenge to California gun waiting period

Top court rejects challenge to California gun waiting period Top court rejects challenge to California gun waiting period
| 21 February, 2018, 09:57

California's 10-day waiting period for firearms purchases, meant to guard against impulsive violence and suicides, was left standing by the U.S. Supreme Court on Tuesday in a blow to gun rights activists, Reuters reported.

The high court's decision comes amid a national debate on gun control after a shooting at a South Florida high school killed 17 students and teachers last week.

But the U.S. Court of Appeals for the 9th Circuit reversed the District Court on appeal, upholding the regulation based on what it called the "common sense understanding" that a 10-day "cooling off" period for gun buyers can help to reduce gun violence.

In a separate case, the court rejected a challenge by the National Rifle Association to California's $5 fee on gun sales, which pays for programs to take guns away from criminals and mental patients.

Lead plaintiff Jeff Silvester, the Calguns Foundation and its executive director Brandon Combs, and the Second Amendment Foundation in 2011 challenged the 10-day waiting period between the purchase of a firearm and its actual delivery to the buyer, saying it violated the Second Amendment for individuals who already lawfully own a firearm or are licensed to carry one.


They focused their challenge only on the cooling-off period, Thomas wrote, quoting the finding by the trial court that only 20 percent of background checks are approved automatically and completed in less than two hours. Thomas sees the Supreme Court's inaction in this area as treating the second amendment as a "disfavored right", noting, "I suspect that four Members of this Court would vote to review a 10-day waiting period for abortions".

The waiting period, according to California, is necessary to conduct background checks and to provide a "cooling off" period for individuals who might use a weapon to harm themselves or others. Lower courts, meanwhile, have developed elaborate rules governing which sorts of gun laws should receive especially skeptical review by judges, and when courts should be more deferential to lawmakers.

The court's action on waiting periods drew an angry dissent from Justice Clarence Thomas, who said his colleagues had turned the right to bear arms into a "constitutional orphan" with less protection than "rights that have no basis in the Constitution", like same-sex marriage.

Monday's case is only the latest in a series of pro-gun control rulings the high court has refused to review.

Only eight other states and the District of Columbia have any kind of waiting period. And, he said, the court had not clarified the standard for reviewing gun regulations for nearly 10 years. "The Ninth Circuit would not have done this for any other constitutional right", Thomas maintained. Only Hawaii's 14-day period is longer. "If this case involved one of the Court's more favored rights, I sincerely doubt we would have denied certiorari", Thomas observed.

Recommended

  • Why is Trump Jr's dinner offer in India being criticized?

    Why is Trump Jr's dinner offer in India being criticized?

    United States President Donald Trump's eldest son Donald Trump Jr , who is on a week-long visit to India, landed here on Tuesday. Eric Trump told The Washington Post past year that "the company and policy and government are completely separated".
    Trump Ranks as Worst in Expert Presidential Greatness Survey

    Trump Ranks as Worst in Expert Presidential Greatness Survey

    The survey was conducted by Brandon Rottinghaus, a professor of political science at the University of Houston, and Justin S. Trump also "won" the most polarising President, ahead of Andrew Jackson who won the second position.
    U.S.  airstrike destroys Russian-made tank in Syria

    U.S. airstrike destroys Russian-made tank in Syria

    Russian news reports say at least several private Russian military contractors have been killed by a USA strike in Syria . Harrigian was careful to avoid speculating who was inside the tank, though the T-72 is widely used by the Syrian army.
  • Sergio Aguero Hits A Rival Fan After Full-Time Whistle

    Sergio Aguero Hits A Rival Fan After Full-Time Whistle

    They started with their Argentine top scorer Sergio Aguero , and had Belgian midfielder Kevin De Bruyne waiting on the bench. New footage posted online by a City fan captured the clash in full and the incident will surely be examined by the FA.
    Hungarian Freestyle Skier's Halfpipe Run Will Leave You Crying Of Laughter

    Hungarian Freestyle Skier's Halfpipe Run Will Leave You Crying Of Laughter

    Hey, if you want to see really good skiers doing incredible things on the halfpipe, you can always just go re-watch Cassie Sharpe. She found a loophole where if she completed runs without falling, she could get enough points to qualify for the Olympic Games.
    Eubank Jr promises to send Groves into retirement

    Eubank Jr promises to send Groves into retirement

    So when you hear Prince Naz say that Eubank needs to retire or fight him, know that "Prince" thinks he can win that fight . Although more of the general public are piling in on Groves , it's Eubank Jr who is attracting the bigger stakes.
  • Roger Federer claims 97th title

    Roger Federer claims 97th title

    Federer , the 2005 and 2012 ABN AMRO champion, plays either Andreas Seppi or Daniil Medvedev in the semifinals on Saturday. Nadal rose to the top of ATP rankings for the first time in two years in August 2017, weeks ahead of his US Open triumph.
    Netanyahu says Polish PM's comments about Holocaust are 'outrageous'

    Netanyahu says Polish PM's comments about Holocaust are 'outrageous'

    Sunday's telephone conversation was the second one that Morawiecki and Netanyahu had in three weeks in connection to the new law. The next day, Reuters reported that the swastika graffiti had been found at the Polish Embassy in Tel Aviv.
    Abbas seeks global meet to tackle Palestine issue

    Abbas seeks global meet to tackle Palestine issue

    You don't even have to accept it. "You can choose to put aside your anger about our embassy and move forward with us", she said. President Donald Trump in his country's contribution to the agency's funding.
  • Germany's AfD Populists Second Most Popular Party for First Time

    Germany's AfD Populists Second Most Popular Party for First Time

    She would take over from outgoing secretary general Peter Tauber, who is stepping down from the role after a period of illness. The woman, dubbed Merkel of Saarland by the media, has led two state coalition governments with the CDU and SPD as premier.
    Patrick Brown's PC leadership bid could lead to 'political fratricide,' experts say

    Patrick Brown's PC leadership bid could lead to 'political fratricide,' experts say

    She later said changed that account to say she had been of legal drinking age and had finished secondary school. Then an audio recording surfaced Friday morning challenging that version of events.
    Canada defeated in a shootout

    Canada defeated in a shootout

    The Canadian men's hockey team suffered its first loss of the tournament on Saturday, with a shootout loss to the Czech Republic. While Canada scored early for the second game in a row, the Czechs pushed back hard and tied it by the seven-minute mark.

Mueller Turning His Sights on Kushner Mueller Turning His Sights on Kushner Mueller's investigators have not yet reached out to Kushner Companies for information, a source said. Kushner's father founded the real estate developer and lender.

South Korea Cryptocurrency: Government's Support Leads to Bitcoin Volume Surge South Korea Cryptocurrency: Government's Support Leads to Bitcoin Volume Surge The news has been well received by the cryptocurrency community with bitcoin surging nearly 4 percent in value earlier today. While the Bitcoin price and value has been all over the map since its launch, we've generally seen an upward trajectory.

Presidents Day 2018: What's open, what's closed Presidents Day 2018: What's open, what's closed It's still "Washington's Birthday" says the administration-an event celebrated during the first president's life and thereafter. If you look at the California DMV's website, however, you'll get a message that its offices are closed on President's Day.

SpaceX Pushes Back Starlink Satellite Launch To Feb. 21 For Further Testing The Merlin 1D vacuum engine turns off after placing the Paz satellite into its planned 317-mile-high (511-kilometer) polar orbit. The PAZ satellite is a state-of-the-art advanced radar instrument created to snap high resolution images of Earth day and night.

USA says unlikely Turkey used chemical weapons USA  says unlikely Turkey used chemical weapons The official said on February 17 that US officials were aware of the reports but had no evidence to confirm them. The shelling took place in Northern Syria, near the Turkish border.

Shooting suspect harassed peers, bragged about gun Shooting suspect harassed peers, bragged about gun They also want to make it more hard for people with histories of mental illness to legally access weapons. Congress has to get "off its backside" to "stare down the NRA and do the right thing", he said .

Donald Cerrone Shows He's Not Done Yet At UFC Fight Night 126 Donald Cerrone Shows He's Not Done Yet At UFC Fight Night 126 Makaha's Yancy Medeiros fell by TKO to UFC superstar Donald "Cowboy" Cerrone at UFC Fight Night 132 in Austin, Texas Sunday night. At present, Nurmagomedov isn't the champion down at lightweight, but he could well be after April 7th. -Derrick Lewis def.

Three Billboards sweeps top prizes Three Billboards sweeps top prizes This year's festivities were held on February 18 (local time) at the Royal Albert Hall in London . The Duchess of Cambridge was among those who opted not to dress entirely in black.

Man steals thumb of ancient terracotta warrior during museum party Man steals thumb of ancient terracotta warrior during museum party The museum noticed the missing thumb on January 8 - more than two weeks after the alleged incident - and reported it to police. The 2,000-year-old statue, worth $4.5m (£3.2m), is one of 10 on loan to the Franklin Institute in Philadelphia .

Burnout Paradise Remastered Coming in March Burnout Paradise Remastered Coming in March EA Access members however will get their hands on the game on March 9th via the Play First trial. This includes the extension to the drivable world via Big Surf Island .

Ukip members vote to oust party leader Henry Bolton Ukip members vote to oust party leader Henry Bolton In an earlier address to the around 1,400 members, Bolton claimed his opponents were "the enemy within" the party. The UKIP leader has been ousted after party members backed a motion of no confidence in him.

Former Playmate Claims She Had Affair With Trump, Details Cover-Up Attempt Former Playmate Claims She Had Affair With Trump, Details Cover-Up Attempt A story in the New Yorker says former Playboy model Karen McDougal had the affair with Donald Trump for about nine months. McDougal's story was first snatched up by American Media, Inc . - the publisher of National Enquirer - for $150,000.

Israel believes it has destroyed up to half of Syria's air defense Israel believes it has destroyed up to half of Syria's air defense On one side, you have those pushing for a more secular Syria-Russia, the USA , and the United Arab Emirates to a large degree. Israel is afraid to test these waters, so, for the time being, the Israelis are not interested in a hot war with the group.

New Mexico legislature reaches agreement on $6.3 billion budget New Mexico legislature reaches agreement on $6.3 billion budget The Senate Health, Education, Labor and Pensions committee has held five hearings on the reauthorization since November. If the Senate approves it would go to Governor Eric Holcomb.

Has a chaotic and expensive year had a major effect on Uber? Has a chaotic and expensive year had a major effect on Uber? Comparisons with 2016 were also affected by the sale that year of its business in China resulting in a substantial gain. Mr Khosrowshahi detailed them on a conference call with investors Tuesday, and the company made some results public.