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).

Bad news for California gun owners. On April 23, 2020 Judge Roger Benitez of the U.S. District Court issued an injunction blocking California’s ammunition background check system. That injunction held for just one day. California’s Atty. General Xavier Becerra immediately sought an emergency stay of the injunction, and a two-judge panel of the U.S. 9th Circuit Court of Appeals granted that request late on Friday, April 24, 2020. So, as of today, April 25, 2020, the California ammo purchasing restrictions REMAIN IN EFFECT.

The Truth About Guns website noted: “The California judiciary giveth and the California judiciary taketh away. As we expected, the state filed an emergency motion to the Ninth Circuit Court of Appeals, asking the Judge Roger Benitez’s injunction be lifted.

Benitez’s injunction issued in response to a motion in Rhode v. Becerra, had stopped enforcement of California’s ammunition background check law. That injunction allowed Golden Staters to once again buy ammo freely and out-of-state retailers to ship directly to California buyers.

But late last night, the Ninth Circuit quashed the injunction. That means it’s back to asking state permission to buy .22 LR rounds for plinking or JHPs for personal defense. Ammunition Freedom Week turned out to last less than two days.

As we’ve said before, this case still has a long way to go. Watch this space.”