- The Ninth Circuit Court ruled that California's ammunition background check law violates the Second Amendment, citing it as an undue burden on the right to keep operable arms.
- The court found the law inconsistent with the nation’s historical tradition of firearm regulation, failing the constitutional test established in the 2022 Bruen decision.
- The ruling reinstated a 2020 permanent injunction issued by U.S. District Judge Roger T. Benitez, which had been paused during appeal by the California Attorney General's office.
- Lead plaintiff and Olympic shooter Kim Rhode, along with other individuals and firearms businesses, celebrated the decision but emphasized that the fight for gun rights is ongoing.
- The ruling is seen as part of a growing trend of courts applying Bruen to strike down modern gun control laws that lack 18th-century precedent.
A federal appeals court has ruled that
California's requirement for background checks on ammunition purchases violates the Second Amendment.
In a 2-1 decision issued on July 24,
the U.S. Court of Appeals for the Ninth Circuit found that the background check law, enacted by voter-approved Proposition 63 in 2016, does not align with the constitutional standards laid out by the U.S. Supreme Court in its 2022 landmark decision New York State Rifle and Pistol Association v. Bruen.
"California's ammunition background check regime implicates the plain text of the Second Amendment because the regime meaningfully constrains the right to keep operable arms," Judge Sandra S. Ikuta wrote for the majority. She also held that "the government failed to carry its burden of showing that California's ammunition background check regime is consistent with the Nation's historical tradition of firearm regulation."
The court affirmed a 2020 ruling by U.S. District Judge Roger T. Benitez, who found the law unconstitutional and issued a permanent injunction blocking its enforcement. Benitez ruled that the law "burdens conduct protected by the Second Amendment" and lacked historical precedent. That injunction was initially stayed during the appeals process from the office of Attorney General Rob Bonta, but is now reinstated as a result of the Ninth Circuit's ruling. (Related:
Judge blocks California from requiring background checks to buy ammunition.)
Ikuta, along with Judge Bridget S. Bade, stated that the background check system imposed an "especially burdensome" constraint by requiring checks for every single ammunition purchase, regardless of how recently a buyer had passed a check or acquired firearms.
In turn, the judges emphasized in the ruling that under Bruen, any law impacting the Second Amendment must be consistent with the nation's historical tradition of firearm regulation at the time the amendment was ratified in the 18th century. The state, the panel found, failed to demonstrate that its ammunition-check law met that standard.
"Because California's ammunition background check regime violates the Second Amendment, the panel held that the district court did not abuse its discretion in granting a permanent injunction," the ruling stated.
Plaintiffs celebrate victory, but say fight to protect 2A rights is far from over
Plaintiffs in the case celebrated the ruling as a victory for constitutional freedoms, but warned that their fight to protect Second Amendment rights is far from over.
"As lead plaintiff in Rhode v. Bonta, I just defeated @CAgovernor Newsom's ammo law… again … at the 9th Circuit. I've represented this country for 30 years," she wrote on X, formerly known as Twitter.
Rhode and her co-plaintiffs, individual gun owners Gary Brennan, Cory Henry, Edward Johnson, Scott Lindemuth, Richard Ricks and Denise Welvang, along with businesses Able's Sporting Inc. of Texas, AmDep Holdings LLC of Florida and R&S Firearms Inc. of Arizona, filed suit against the state following the implementation of the law.
For Rhode and her fellow plaintiffs, the ruling is not just a legal victory, but a reaffirmation of their belief that
overly restrictive laws threaten fundamental rights.
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Sources include:
TheEpochTimes.com
USCourts.gov
Brighteon.com