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 rebuff came less than a week after a gunman killed 17 people and wounded a dozen others at a Florida high school.
Supreme Court Justice Clarence Thomas slammed lower federal court judges for treating the Second Amendment as a "constitutional orphan" and refusing to give it "the respect due an enumerated constitutional right".
Silvester and Combs, who already owned firearms, claimed the law was unconstitutional when applied to "subsequent purchasers", or persons who already own a gun, have a concealed carry license, or clear a background check in less than 10 days.
Justice Clarence Thomas said the court should have taken up the challenge. "The court should take these cases and give lower courts guidance because at the moment lower courts are all over the map on gun rights issues", Gottlieb said.
"I still believe that the Second Amendment can not be 'singled out for special-and specially unfavorable-treatment, '" Thomas wrote.
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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. As apparent examples of rights without a constitutional basis, he cited Ninth Circuit rulings on same-sex marriage - later upheld by the Supreme Court - and abortion. The state also said the 10-day block serves as a "cooling off" period. His dissent starts on the 34th page of the Supreme Court order list. Silvester v. Harris, 843 F. 3d 816, 828 (CA9 2016).
According to court documents, California's "cooling off" period is the second-longest in the country, The Hill reported.
Similarly, four members of this court would vote to review even a 10- minute delay of a traffic stop.
As a result, he said, lower courts are "failing to protect the Second Amendment to the same extent that they protect other constitutional rights".
The gun rights groups and individual gun owners who challenged the waiting period had argued that it violated their right to keep and bear arms under the U.S. Constitution's Second Amendment. Both tendencies were abundantly in evidence today when, in the middle of one of America's occasional bouts of self-recrimination over loose gun laws, Thomas pitched the juridical equivalent of a tempter tantrum over the Court's refusal to sufficiently revere the Second Amendment and crack down on those anti-gun hippies on the Ninth Circuit Court of Appeals.