The Ninth Circuit’s decision to grant a stay on the injunction against California’s ammunition background check law means that “Freedom Week Part 2” is over. California residents are back to living under the previous regime that prevents them from freely ordering ammunition without government interference. We lament this decision, but must abide by the ruling nonetheless.
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In a public decision on Wednesday, U.S. district judge Roger Benitez of San Diego stated that background checks had "no history" and they violate the Second Amendment by treating every individual as though they have no right to purchase ammunition.
“A sweeping background check requirement imposed every time a citizen needs to buy ammunition is an outlier that our ancestors would have never accepted for a citizen,” Benitez wrote.
Benitez also criticized California's handling of the more than one million annual ammunition background check, calling the 11% reject rate "too much."
California appealed to the 9th U.S. Circuit Court of Appeals. Circuit Court of Appeals and Benitez denied California's request for a temporary stay to allow background checks in this process.
"These laws were put in place as a safeguard and a way of protecting the people of California--and they work," state Attorney General Rob Bonta, a Democrat. "Background checks save lives."
Chuck Michel, the group's president and general counsel, called the decision a "big win," saying California had "blocked many eligible people from getting the ammunition they need, which is the true political intent behind most of these laws."
In 2016, California voters approved a ballot initiative requiring gun owners undergo an initial background check to purchase ammunition and pay $50 for four-year ammunition permits.
In 2019, legislators amended the measure so that background checks would be required for every ammunition purchase.
Benitez's Jan. 30 ruling rejected California's use of dozens of laws dating back to 1789 as a "historical analogy" for ammunition checks.
“The ammunition background checks laws have no historical pedigree and operate in such a way that they violate the Second Amendment right of citizens to keep and bear arms,” U.S. District Judge Roger Benitez, wrote in his order granting a permanent injunction.
Since a 2022 Supreme Court decision expanded gun rights, federal courts have given different rulings on the Second Amendment. They said judges should look at firearm rules in a way that fits the country's historical tradition of gun regulation.
Even though Judge Benitez didn't completely support the four-year ammo permit, he thought it might be a more sensible way to follow the Constitution than the current system.
He had stopped the background checks in April 2020, and a court asked him to review that decision after the 2022 Supreme Court ruling.
Shira Feldman from the Brady group called Benitez's decision an attack on life-saving background checks.
The case, known as Rhode et al v Bonta, is now in the U.S. District Court, Southern District of California, with No. 18-00802.
It's really good news for all Californians who love shooting.
Right now, there are no restrictions on the purchase of ammunition if you reside in California. You may get ammunition online and have it delivered right to your home.
Buyers of ammunition in California will no longer need to go through an FFL in order to obtain their ammunition. The background screening procedure for ammunition is halted and declared invalid.
You can obtain ammunition as long as it's permissible to own in California.
If you live in California, you should take advantage of this great opportunity to make unimpeded ammunition purchases. Most online retailers have already started to ship to California.
Popular ammo retailers named True Shot Ammo is offering free shipping to California for a limited time.
The Ninth Circuit’s decision to grant a stay on the injunction against California’s ammunition background check law means that “Freedom Week Part 2” is over. California residents are back to living under the previous regime that prevents them from freely ordering ammunition without government interference. We lament this decision, but must abide by the ruling nonetheless.
Stay Tuned!
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