Federal Judge Rules California Ammo Laws Are Unconstitutional
UPDATE: On 2/5/2024, the 9th Circuit granted a stay of Judge Benitez’s injunction ruling. So Californians may NOT purchase ammunition from out of state. CLICK Here for CRPA update and watch video below for details.
NOTE: The Benitez Ruling Explained Below Has Been Blocked by the 9th Circuit
Big news for California gun owners. You can now purchase ammunition online and have it shipped directly to your residence in California. And you can purchase ammo at California gun shops without paying for a background check. A Federal Judge has issued an injunction that blocks application of California laws requiring costly background checks for ammo purchases. NOTE: Right now, Californians can buy ammo without these restrictions, but it is possible that the Ninth Circuit could change things very soon. Act now while you can. Being able to mail-order ammunition from major vendors outside California makes ammo more affordable for Californians.
On January 30, 2024, in the case of Rhode v. Bonta, U.S. Federal District Court Judge Roger Benitez issued an order blocking the application of California laws which place severe limits on ammunition purchases by Californians. Benitez ruled that California’s laws requiring background checks on ammunition purchases were unconstitutional and invalid on multiple grounds. As noted by the San Diego Union-Tribune: “U.S. District Judge Roger Benitez ruled that such restrictions violate the Second Amendment. He also ruled that the portion of the law restricting out-of-state purchases violated the dormant Commerce Clause and is preempted by federal law regulating interstate transportation of firearms.”
Washington Gun Law Video Explains the Key Legal Points of Judge Benitez’s Order:
The Associated Press reports: “California residents don’t have to pay for and pass a background check every time they buy bullets, a federal judge has ruled. The Tuesday [1/30/2024] ruling by U.S. District Judge Roger Benitez took effect immediately. California Attorney General Rob Bonta [then] asked Benitez on Wednesday to delay the ruling[.]” Subsequently, Judge Benitez issued an order denying Bonta’s stay request. So, until the 9th Circuit acts, the injunction stands and Californians can buy ammo without a background check.
Four years ago, in April 2020, Judge Benitez had issued a preliminary injunction blocking California’s ammo background check laws. But days later the 9th U.S. Circuit Court of Appeals issued a stay of that injunction, effectively negating the Benitez ruling, and putting California’s unconstitutional laws back into effect. But there have been significant changes now based on recent U.S. Supreme Court decisions, in particular the Bruen case: “After the Supreme Court’s 2022 ruling in New York State Rifle & Pistol Association, Inc. v. Bruen, the 9th Circuit sent the case back to Benitez to be relitigated under that new framework, which holds that modern gun laws must be ‘consistent with the nation’s historical tradition of firearm regulation’.” (SD Union-Tribune).
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Tags: Ammo Background Check, California, Commerce Clause, Interstate Commerce, Judge Benitez, Rhode v. Bonta, Second Amendment
