Jeff Silvester v. Kamala Harris

I agree entirely with, and concur in, the majority opinion. I write separately, however, because the challenge to California’s tern-day waiting period can be resolved at step one of our Second Amendment jurisprudence. As a longstanding qualification on the commercial sale of arms under District of Columbia v. Heller, 554 U.S. 570, 128 S.Ct. 2783, 171 L.Ed.2d 637 (2008), a ten-day waiting period is presumptively lawful. Therefore, it is unnecessary to proceed to the second step intermediate scrutiny examination of the law.

Heller and McDonald v. City of Chicago, 561 U.S. 742, 130 S.Ct. 3020,…