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Silvester v. Becerra

Petition for certiorari denied on February 20, 2018

Docket No. Argument Opinion Vote Author Term
17-342 N/A N/A N/A N/A OT 2017

Issue: (1) Whether the U.S. Court of Appeals for the 9th Circuit improperly applied lenient scrutiny in a Second Amendment challenge to the application of California's full 10-day waiting period to firearm purchasers who pass their background check in fewer than 10 days and already own another firearm or have a concealed carry license; and (2) whether the Supreme Court should exercise its supervisory powers to cabin the U.S. Court of Appeals for the 9th Circuit's concerted resistance to and disregard of the Supreme Court's Second Amendment decisions.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
06/15/2017Application (16A1234) to extend the time to file a petition for a writ of certiorari from July 3, 2017 to September 1, 2017, submitted to Justice Kennedy.
06/19/2017Application (16A1234) granted by Justice Kennedy extending the time to file until September 1, 2017.
09/01/2017Petition for a writ of certiorari filed. (Response due October 6, 2017)
09/15/2017Waiver of right of respondent Xavier Becerra to respond filed.
09/27/2017DISTRIBUTED for Conference of 10/13/2017.
09/29/2017Response Requested. (Due October 30, 2017)
10/06/2017Brief amicus curiae of Crime Prevention Research Center filed.
10/24/2017Order extending time to file response to petition to and including December 1, 2017.
10/26/2017Brief amici curiae of Firearms Policy Foundation, et al. filed.
10/26/2017Brief amicus curiae of Cato Institute filed.
12/01/2017Brief of respondent Xavier Becerra in opposition filed.
12/20/2017DISTRIBUTED for Conference of 1/5/2018.
12/20/2017Reply of petitioners Jeff Silvester, et al. filed. (Distributed)
01/04/2018Rescheduled.
01/08/2018DISTRIBUTED for Conference of 1/12/2018.
01/08/2018Record Requested.
01/08/2018Record received from the U.S.C.A. for the 9th Circuit. The record is electronic and available on PACER.
01/29/2018Record received from the U.S.D.C. for the Eastern District of California (2 boxes).
01/31/2018DISTRIBUTED for Conference of 2/16/2018.
02/20/2018Petition DENIED. Justice Thomas, dissenting from the denial of certiorari. (Detached Opinion)
06/20/2018Record returned to the U.S.D.C. for the Eastern District of California (2 boxes).