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Silvester v. Becerra

Certiorari Denied

Petition for certiorari denied on February 20, 2018.

Docket No.17-342
Op. Below9th Cir.

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.

Proceedings & orders timeline

Jun 15, 2017
Application (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.
Jun 19, 2017
Application (16A1234) granted by Justice Kennedy extending the time to file until September 1, 2017.
Sep 1, 2017
Petition for a writ of certiorari filed. (Response due October 6, 2017)
Sep 15, 2017
Waiver of right of respondent Xavier Becerra to respond filed.
Sep 27, 2017
DISTRIBUTED for Conference of 10/13/2017.
Sep 29, 2017
Response Requested. (Due October 30, 2017)
Oct 6, 2017
Brief amicus curiae of Crime Prevention Research Center filed.
Oct 24, 2017
Order extending time to file response to petition to and including December 1, 2017.
Oct 26, 2017
Brief amici curiae of Firearms Policy Foundation, et al. filed.
Oct 26, 2017
Brief amicus curiae of Cato Institute filed.
Dec 1, 2017
Brief of respondent Xavier Becerra in opposition filed.
Dec 20, 2017
DISTRIBUTED for Conference of 1/5/2018.
Dec 20, 2017
Reply of petitioners Jeff Silvester, et al. filed. (Distributed)
Jan 4, 2018
Rescheduled.
Jan 8, 2018
DISTRIBUTED for Conference of 1/12/2018.
Jan 8, 2018
Record Requested.
Jan 8, 2018
Record received from the U.S.C.A. for the 9th Circuit. The record is electronic and available on PACER.
Jan 29, 2018
Record received from the U.S.D.C. for the Eastern District of California (2 boxes).
Jan 31, 2018
DISTRIBUTED for Conference of 2/16/2018.
Feb 20, 2018
Petition DENIED. Justice Thomas, dissenting from the denial of certiorari. (Detached Opinion)
Jun 20, 2018
Record returned to the U.S.D.C. for the Eastern District of California (2 boxes).

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